Adding pepper to a tomato and broccoli salad
At this time, all readers are probably already aware of the issuance of opinion G 3/19 of the Enlarged Board of Appeal on May 14, 2020. I know, twelve days is a long time in the internet era. But trust...
View ArticleOne shot one opportunity
The song goes like: “If you had one shot or one opportunity to seize everything you ever wanted in one moment, would you capture it or just let it slip?“ I know, a quote from a rap song is not what you...
View ArticleKarmic retribution
Or should that be cosmic irony? Today’s tale is that of an inventor applicant who is successful in obtaining the grant of a European patent – which is no small feat for a self-represented individual;...
View ArticleTime for the third round
The postman may always ring twice, but Lionel Vial, as a seasoned post-writing man, always rings three times. Here is thus his third foray into the Truvada® litigation. As our faithful readers surely...
View ArticleNo gift from Santen for SPC holders this year
Why on earth has Patent my French! not reported yet on Santen, I am sure dozens of readers have silently but reproachfully wondered. After all, SPCs are a frequent topic on this blog, and it is not...
View ArticleOpposition guidelines – part 1
Reading the BOPI (Bulletin Officiel de la Propriété Industrielle) is barely more entertaining than reading the phone book. This weekly publication by the French patent office (INPI) contains the...
View ArticleDefendants empowered
Today, this blog is featuring a high-flying case. It started with Lufthansa Technik filing complaints against Astronics, Panasonic Avionics and Thales Avionics over a period of time ranging from...
View ArticleThe flip side of the coin
Pharma-savvy readers are probably well aware of the pan-European pemetrexed litigation. Eli Lilly’s patent No.EP1313508 is probably one of the most litigated patents in Europe. A nice summary, which is...
View ArticleThis is not a pipe
A regular patent law blogging activity comes with a number of serious pitfalls. Rambling may be one of them. I hope readers will amicably warn me if this blog ever gets there – unless this point has...
View ArticleA man of two jobs
In today’s case, the facts and the timeline are everything, and they are far from straightforward, so bear with me. Flex Elektrowerkzeuge (“Flex”) is a German company marketing electrical appliances...
View ArticleSeeing the patent half empty
As an introduction, I am pleased to pass on the announcement of the upcoming patent seminar of the Institut de Boufflers, which will take place next week – online as you may guess. The program is here,...
View ArticleNot a tough patent to crack
After electronic cigarettes in the latest post, I have decided to take this blog one giant step further today, by discussing a patent on… crack pipes. There are three actors in this case. First, Terpan...
View ArticlePay for delay
Happy new year to all readers! May you stay safe and healthy and as free as possible (yes, this is a new 2021 addition relative to previous wishes). This year starts off on this blog with a somewhat...
View ArticleA patent up in the air
With all the recent renewed talk about the UPC, the decision commented upon today reminds us how fragmented the European patent litigation landscape still is at this time. The case at hand was in fact...
View ArticleOpposition guidelines – part 2
As promised by the INPI, the second and final part of their patent opposition guidelines has now been released. Here is the link to download the full pdf document. And as promised by me, here is now a...
View ArticleNo (cross) product liability
I am not sure I have ever seen a bioinformatics patent lawsuit in France before the case reported on today: this may well be a first. It is therefore particularly interesting to see how our judges...
View ArticleEasy as ACD
Even for those who know the ABCs of patent law, mastering the ACDs of SPC law may seem a daunting task. I am talking about article 3(a), 3(c) and 3(d) of the SPC regulation of course, a never-ending...
View ArticleCourt says no to Ono
Owing to my colleague and excellent friend Lionel Vial, it is SPC month on Patent my French! After tackling the recent Halozyme judgment a couple of weeks ago, Lionel now goes one-on-one with Ono. As...
View ArticleThird time’s not a charm
Welcome to the third and final part of the SPC drama miniseries on Patent my French, still courtesy of guest blogger Lionel Vial. Spoiler alert: I would never have thought that the fate of an SPC...
View ArticleBetting the farm on inventive step
After several posts dealing with the intricacies and oddities of SPC law, I thought we might as well take a break, look at a simple, straightforward case for a change – yes, there are some – and get a...
View Article