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UPC WAZE's Rule 28: One of the Ways to Direct UPC Case Traffic Jam ?

Nearly three years after the Unified Patent Court opened its doors, the UPC first-instance court docket has developed a pronounced traffic jam in the Germa

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The new confidentiality regime attached to in-house counsel legal opinions: what impact on preliminary investigative measures such as the seizure of infringing goods (“saisie-contrefaçon”) or measure based on article 145 of the French civil procedure code?

The new Article 58-1 of the Law of December 31, 1971 , whose entry into force will be determined by decree, establishes a new confidentiality regime for in-house counsel legal opinions. What impact will this new regime have on preliminary investigative measures such as the seizure of infringing goods (“saisie-contrefaçon”) or measure based on article 145 of the French civil procedure code (“CPC”)? and how will it interact with the regime for the protection of trade secrets provided for in the French Commercial Code?

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François Pochart, partner at August Debouzy and European patent attorney, represents Abbott with Taylor Wessing in strategic Unified Patent Court litigation

François Pochart, partner at August Debouzy (AD), has successfully represented global healthcare leader Abbott Diabetes Care, alongside Taylor Wessing, in several major proceedings before the Unified Patent Court (UPC), including actions before the Paris Central and Local Divisions, both Paris and The Hague. AD team, led by François Pochart, worked in close collaboration with Christian Dekoninck and the international Taylor Wessing team.

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Added matter before the UPC: an approach identical to that of the EPO

Before the UPC, as before the EPO, patent validity litigations frequently include one or more attacks for non-compliance with Article 123(2) EPC concerning the extension of the claimed subject matter beyond the content of the application as filed. Based on the UPC's case law on this subject, we sought to understand the criteria applied by the UPC to determine whether a patent complies with the requirements of Article 123(2) EPC. In the cases Abbott v. Sibio Technology Limited and Umedwings Netherlands B.V. (together Sibionics ) concerning Abbott's patent EP-3 831 283, the validity of claim 1 of the patent under Article 123(2) EPC was one of the key issues. Sibionics launched multiple attacks in this regard, arguing in particular that claim 1 resulted from an unallowable intermediate generalisation. This argument was used both in defence against Abbott's application for a provisional injunction before The Hague Local Division and in its action for revocation related to the same patent before the Paris Central Division. The application for a provisional injunction gave rise to a first instance decision followed by an appeal decision , and the revocation action gave rise to a first instance decision . While Sibionics won in first instance in The Hague – the patent being considered more likely to be invalid due to added matter – Abbott won on appeal – the patent being considered more likely to be valid and infringed – and, in the revocation action, before the Paris Central Division – the patent being considered valid by the Court in first instance. Let us examine the grounds for these three decisions.

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Appeal against French Patent Office's opposition decisions: confirmation of the inadmissibility of new claims in the absence of new elements

On 4 July, the Paris Court of Appeal handed down a new ruling on an appeal against a decision of the Director General of the French Patent Office (the “INP

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Clarity On Knotty Patent Jurisdiction Questions From CJEU

Despite the emergence of the Unified Patent Court in 2023, with jurisdiction over 18 of the 27 European Union member states for both infringement and validity, the national patent courts in the EU retain a competitive jurisdiction.

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Sony Court of Cassation ruling of April 24, 2024: admissibility of infringement claims even for events occurring prior to registration of the assignment.

Registration of the assignment in the National Patent Register (NPR) enables the assignee of a patent to enforce the assigned patent against third parties

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Infringement by equivalence before the preliminary injunction judge: where has the obvioussness gone?

Is it possible to obtain a preliminary injunction (PI) based only on infringement by equivalence? While a 2017 PI order clearly answered no to this que

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Recasting the existing EU SPC regulations and introducing a unitary SPC: recent progress and future steps

La Commission européenne a proposé une réforme des Certificats Complémentaires de Protection (CCP) pour les médicaments, avec un CCP unitaire et une refonte du règlement existant. Le Parlement européen a adopté ces textes le 28 février dernier. L'EUIPO examinera les demandes de CCP, avec des mécanismes de contrôle et de recours. Les textes intègrent la jurisprudence de la CJUE pour assurer la cohérence. Les prochaines étapes incluent des discussions avec le Conseil de l'Union européenne dans le cadre des trilogues. Les élections européennes ne devraient pas interrompre le processus législatif.

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Number of PCT filings: 1st worldwide decline in 14 years, but France still on the rise

In anticipation of the forthcoming release of the WIPO 2024 Annual Report, Carsten Fink, Chief Economist at WIPO and Head of the Statistics and Data Analys