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The art of the seal
The new set of rules recently adopted in France on the protection of trade secrets can potentially affect many aspects of IP litigation, including in particular the handling of evidence that may...
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More than just diapers
Rulings from the Enlarged Board of Appeal of the EPO are scarce – this is what makes them so eagerly awaited by the patent profession. 2019 may turn out to be an exceptional year in this respect...
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Data scarcity
Data scarcity is not the first feature that comes to mind when one thinks about our present time. Plethora, excess and overplus are probably more accurate descriptors. But French patent law may be...
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Where is the finish line?
Did you think you would never hear again of the thrilling subject of the French statute of limitations, and of its very controversial application to patent nullity suits? Well, think again. In a...
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OK oral
As a patent professional well used to the EPO’s way of reasoning, the aspect of French patent litigation which often strikes me as the most fascinating one is claim interpretation. This is because...
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No way back
There once were submarine patents, living a quiet and inconspicuous life underwater, only to surface one day with a resounding splash. Turns out what we do sometimes have in France is submarine patent...
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Would a “could” suffice?
Comparing EPO and French case law on validity is one of this blog’s favorite topics. Today’s post will be dedicated to a cornerstone of the EPO doctrine: the could/would approach in the inventive step...
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A technical silver lining
They say that every cloud has a silver lining. Thinking about a recent Philips case in which not one, not two, but three patents were revoked by the Paris Tribunal de grande instance (TGI), this saying...
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The provisional provisions
Further to the recent enactment of the loi PACTE, a game changer for French patent law, a whole bunch of implementing rules was due to ensue. We have now had a glimpse of what the first salvo of the...
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Divide and not conquer
Many decisions that I have commented on relate to complex cases, involving multiple patents, or various actions in front of different courts, or endless back and forth bouncing between the Cour de...
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The opposition battleground
As regular readers of this blog now know very well, the recently enacted loi PACTE authorized the government to rule by way of an ordonnance in order to set up a procedure for third parties to oppose a...
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The dead line
There is something ominous about the word “deadline” in English. It makes you suspect some dire background. And rightly so, according to some online resources, which mention a line that you would cross...
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Patent still standing
The appraisal of standing in patent nullity suits in France is complex and harsh. The topic has been addressed in a number posts, for instance this one, that one or that other one. The ruling commented...
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Haunted
In the patent profession, cases have this way of always coming back at us. You may work hard on a case and complete a difficult action, possibly with some sense of achievement (or relief). But then, a...
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No U.S. torpedo
No breaking new today, as the case I am going to talk about has already been commented upon in many various places. Looks like I may have some catching up to do. And yet, this is a prominent...
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IPCom-tinuation
Traditionally, patent litigation has a tendency to endlessly drag on. Think about the pravastatin case in France for example (which I am not brave enough to keep reporting on). But some cases are...
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Back to the old normal?
Let me first start by wishing that all readers are safe and well, in these exceptional and difficult times. As so many of us have to remain home all day in the foreseeable future, with the dreadful...
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Best FRAND forever
One common trait of all standard essential patent (SEP) disputes is their procedural complexity. A lawyer’s dream come true. A few weeks ago, I reported on the IPCom v. Lenovo litigation. The apparent...
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Court hits the bull’s-eye
The case reported on today is a good opportunity to remind all readers that the new statutory provisions on heightened examination of patent applications in France will kick off on May 22 (with the...
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Insufficiently disclosed or reasoned?
After almost 2 months spent buried at home, is there a more appropriate patent to discuss today than one relating to underground civil engineering equipment? The patent in suit is FR 2941716, granted...
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