AD Deal
August Debouzy assisted Aptiv with its acquisition of Krono-Safe Automotive
August Debouzy assisted Aptiv, a company specializing in the design and manufacture of automotive equipment, with its acquisition of Krono-Safe Automotive.
Contact
François Pochart
Partner, European Patent Attorney
François Pochart joined August Debouzy in 2011, after having worked as a patent attorney for more than 15 years. Together with Grégoire Desrousseaux he heads a team of patent attorneys who are also engineers, and of lawyers.
François Pochart assists French and foreign clients on patent-related issues – in an advisory role, with opposition proceedings before the European Patent Office and with litigation before the French courts.
François Pochart advises in particular on regulatory issues and issues in connection with supplementary protection certificates (SPCs) and plant protection products.
François Pochart is very active in the EPO litigation (oppositions and appeals), and represents his clients in oral proceedings in Munich or the Hague more than once a month.
Practice Area
Education
- University of Paris X, Nanterre, Masters in Law, 1996
- CEIPI (Patents, Trade Marks and Designs) University of Robert Schumann, Strasbourg, 1993
- ENSIC Nancy, 1991
- Ecole Polytechnique, 1986
Admitted to the bar
- Paris, 2011
- European patent attorney, 1994
Memberships
- AIPPI
- PEB
- EPLaw
- Institut Stanislas Boufflers
Languages
French I English I Germain
LEGAL 500 EMEA 2021
• Industry focus: IT and Internet: Tier 1/4
• Data privacy and data protection: Tier 1/3
• Intellectual Property: Patents: Tier 1/4
François Pochart: Leading Individual
• Intellectual Property: Trademarks and designs: Tier 3/4
• Intellectual Property: Copyright: Tier 1/3
• Industry focus: Luxury goods: Tier 2/2
• Industry focus: Healthcare and life sciences: Tier 2/3
François Pochart: Leading Individual
• Media and entertainment: Newspapers: Tier 1/2
• Media and entertainment: Sport: Tier 2/2
CHAMBERS AND PARTNERS EUROPE 2021
• TMT – Information Technology: Band 2
• TMT – Data protection
• Intellectual property: Band 1
François Pochart: Band 2
• François Pochart: Band 3 (Pharma Life Science)
"François Pochart is well regarded for his expertise advising global pharmaceutical companies on patent litigation. One impressed
client says: "He is very competent, provides invaluable advice to help define our strategy in intellectual property and has extensive experience.""
Chambers & Partners Europe 2021
CHAMBERS AND PARTNERS GLOBAL 2021
• Intellectual property : Band 1
François Pochart: Band 2
"François Pochart garners extensive praise from sources for his expertise in patents, with one client extolling: "He is exceptional, understands issues very quickly, knows how to advise us effectively and convince our internal decision-makers." Pochart represents clients in infringement proceedings and also advises on trade secret cases. Interviewees also value his "very sharp technical and legal analysis for all cases.""
Chambers & Partners Europe and Global 2021
WHO'S WHO LEGAL
• François Pochart Life Sciences - Patent Litigation; Life Sciences (most highly regarded); Patent Agent & Attorney; Patent Attorney
"August Debouzy's Florence Chafi ol provides clients with "calmness and expertise". She is held in high esteem for her "detailed knowledge of GDPR matters"." ; "François Pochart with August & Debouzy is distinguished for his ability to provide fi rst-rate counsel to clients on a range patent matters, including regulatory issues and litigation." ; "Peers herald "outstanding patent lawyer" Grégoire Desrousseaux of August & Debouzy as "very active, engaged and defi nitively one of the best on the market"."
Who's who Legal France 2021
BEST LAWYERS 2022
LAWYER OF THE YEAR (BEST LAWYERS)
• François Pochart
DÉCIDEURS STRATÉGIE FINANCE DROIT
• Patents – Litigation: Leading
• Patents litigation in pharma, biotechs and life sciences: Leading
• Newspapers: Leading
• Radio: Leading
• IT and internet: Leading
• Personal data: Leading
• Luxury and fashion: Excellent
• Electronic health: Excellent
• Telecommunications: Highly recommended
• Trademarks and designs: Highly recommended
• Advertising & Marketing: Highly recommended
• Publishing law: Excellent
• Music law: Highly recommended
• Art market: Highly recommended
• Audiovisual law: Highly recommended
• Africa Desk TMT: Highly recommended
• IT & software : Leading
• Trademark litigation : Highly recommended
THE GLOBAL IP AWARDS (IAM & WTR)
• Patent Law Firm of the year 2019
IAM PATENT 1000 France
• Litigation: Tier 1/3
François Pochart (Tier 1/3)
• Prosecution: Recommended
François Pochart: Leading Individual
• Transactions
François Pochart: Leading Individual
MEDIA LAW INTERNATIONAL FRANCE 2021
• Full Service Firms: Tier 2/4
LE MONDE DU DROIT 2020
• Patents: Golden Trophy
• Copyrights: Golden Trophy
MIP - IP STARS 2020
• Contentieux de brevets: Tier 1/3 (2021)
• François Pochart: Patent star (2021)
MANAGING IP 2021
• French Patent Contentious Firm of the Year
JUVE PATENT 2021
• Litigation: lawyers France: Tier 1/5
• Recommended: François Pochart (advisor in patent litigation)
Recommended individuals:
Grégoire Desrousseaux (“communicates transparently and gives a good risk assessment,” client; “just excellent,” competitor), François Pochart (“very experienced in pharma litigation,” competitor; “first choice for the most important cases,” competitor about both)
Juve Patent 2021
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AD Deal
August Debouzy assists Holcim in the proposed acquisition of the PRB Group
August Debouzy and in particular its German Desk is advising the Swiss group Holcim, one of the major players in innovative and sustainable construction solutions that came into existence from the merger between the French company Lafarge and the Swiss company Holcim, in connection with the negotiations on the proposed acquisition of 100% of the PRB group, the leading independent French company in its sector offering a wide range of high-performance products for the renovation and thermal insulation of buildings.
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AD Article
Unified Patent Court: For badly born treaties, entry into force await the passing of the years. No review in 2021 of the corresponding German unconstitutional appeals
The German Constitutional Court has just published the list of cases it plans to deal with in 2021. However, the two recent unconstitutionality appeals following the second German ratification law are not among these cases. Thus, the finalization of the German ratification process is still pending to the processing of these appeals, after the German Constitutional Court asked the Federal President not to sign the ratification law .
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Will the Enlarged Board of Appeal rescue the double patenting practice ?
In 2007, the Enlarged Board of Appeal adopted the principle of the prohibition of double patenting, and this principle was then integrated into the Guidelines. The cases leading to the 2007 decisions were based on divisional applications.
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AD Article
OP in VICO for OPPO: GO! The agreement of the parties will no longer be required to close the opposition to a European patent by a videoconference hearing.
The recent decision of November 10, 2020 of the President of the European Patent Office (EPO), takes into account the health constraints imposed by the coronavirus over time, at the moment of the rise of its second European wave. In practical terms, this decision implies that for any oral proceedings in opposition scheduled from January 4, 2020 to September 15, 2021, it will be conducted by videoconference without seeking the agreement of the parties. This decision thus systematizes the holding of oral proceedings in opposition by videoconference.
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AD Article
Pharmaceutical Intellectual Property and Competition Law Review – 1st edition
François Pochart, Mathilde Rauline and Renaud Christol have co-written the French Chapter of the Pharmaceutical Intellectual Property and Competition Law Review (Edition 1).
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AD Life
Ezetimibe-simvastatin SPC invalid in France for non-compliance with both Articles 3a) and 3c) of Regulation No 469/2009
The Court of appeal of Paris, in a decision on the merits, has ruled that the supplementary protection certificate (“SPC”) covering the combination of ezetimibe and simvastatine is invalidl. The decision was rendered on September 25, 2020, in a case opposing Merck and Teva (free translation available here). This is the first decision in Europe on the merits to be rendered by an appellate court.
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AD Life
A new damages record in the French pemetrexed case: 28 million euros
The patentee (belonging to the Eli Lilly group) had, during prosecution, amended its claims relating to the use of “antifolates” combined with other compounds to inhibit tumour growth to “pemetrexed” (an antifolate). The EPO examiner raised a 123(2) EPC objection on the term “pemetrexed”, and the claims were granted with the term “pemetrexed disodium” instead of “antifolates
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AD Article
Research, innovation and industrial property: drivers of the French recovery plan
On 3 September, the French government launched a €100 billion recovery plan aimed at reviving the French economy and face the crisis resulting from the Covid-19 pandemic. Presented by the French Prime Minister as Europe’s "most massive" , this plan is based on 3 priorities: ecology (€30 billion), competitiveness (€34 billion) and cohesion (€36 billion)
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AD Article
Compulsory licenses granted by public authorities: an application in the Covid-19 crisis in France?
As many laboratories around the world are making every effort to find a treatment for Covid-19 and more clinical trials are conducted, it is worth considering the legal mechanisms that could facilitate the quantitatively and qualitatively sufficient, and financially acceptable, exploitation of patent rights that will prove useful in curbing the epidemic and preventing a new one. In a study published in 2019, WIPO identified 156 countries or territories which provide for the exception regarding compulsory licensing. Such exception allows for the use of a patent without the consent of the owner.
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