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Preliminary Injunction on the basis of a Patent Application – Another French Oddity?
In an interim order dated 3 June 2022, the President of the Paris Judicial Court: • Ruled that a motion for interim injunction based on Article
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 Article
Opposition before the INPI: publication of the first opposition decision
In our article of 2 March 2022, we reported our impressions on the firsts oral proceedings before the INPI[1] and pointed out that they are very similar to
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AD Deal
August Debouzy advised the Swiss group Holcim on the acquisition of the PRB group
August Debouzy, and in particular its German Desk, advised the Swiss group Holcim, a major player in innovative and sustainable construction solutions, on the 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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August Debouzy advised Rohde & Schwarz group on the sale of Rohde & Schwarz Cybersecurity SAS to Total Specific Solutions B.V
August Debouzy, and in particular its German Desk, advised Rohde & Schwarz, a German technology group, in connection with the sale of its French subsidiary Rohde & Schwarz Cybersecurity, formerly known as DenyAll, to Total Specific Solutions B.V., a leading Dutch provider of vertical market software solutions.
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1st date of proceeding before the Paris Court of Justice: 60 days after the service of summons, even for foreign defendants
The Economic and Commercial Activity Department of the 1st instance court of Paris has modified its website. Thus, even for summonses involving a defendant residing abroad, it is possible to request a date for the orientation hearing within a standard period of 60 days rather than 180. Although it is only published on the page of the Economic and Commercial Activity Department, this clarification should concern all summonses subject to the obligation to take of the date of orientation hearing.
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The SPC system: a flawed system in need of reform? That is the question... asked by the European Commission
In view of the imminent launch of the Unified Patent Court (“UPC”) and following the publication, in 2020, of its “Intellectual Property Action Plan”, its “Pharmaceutical Strategy for Europe” and its report on the evaluation of the current Supplementary Protection Certificate (“SPC”) regime, the European Commission launched on 8 March a call for evidence to gather opinions on a possible reform of the SPC system.
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Patent opposition before the INPI: veni, vidi, now being able to tell how it could be
The opposition proceedings before the INPI came into force on 1st April 2020 and is off to a good start, with around twenty oppositions having been filed, mainly by strawmen but also by foreign companies. The oral proceedings started on 25 January 2022, and we attended and participated in the first four. Here we share our first impressions before the oral proceedings resume in mid-March. On the whole, the course of oral proceedings before the INPI is very similar to that of the European Patent Office (EPO) with, nevertheless, a notable singularity: the INPI seems to be more welcoming of late submissions.
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AD Life
UPC: a forceps birth at the risk of a premature death?
In a recent article we announced the "top start" of the UPC following the announcement on the website of the EU Council of the "entry into force" of the Protocol on the provisional application of the UPC Agreement ("PAP-Protocol"). According to the EU Council, this entry into force would have taken place on 19 January 2022, the day Austria deposited its instrument of ratification of the PAP-Protocol.
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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.
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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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