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No commitment, no certificate: loose combinations and the SPC regulation
Read the full article on https://www.iam-media.com/article/no-commitment-no-certificate-loose-combinations-and-the-spc-regulation In this article, Franç
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Pierre-Olivier Ally
Counsel
Pierre-Olivier Ally serves as a Counsel in the Technologies, Media, Intellectual Property Department. He focuses his practice on intellectual property matters, with a particular emphasis on national, pan-European and international patent litigation.
He also advises clients on patent & know-how licensing, software-related agreements, including open source issues, as well as on the structure and negotiation of IP-related aspects of M&A transactions, private equity transactions, joint ventures, IPOs, and public and/or private collaborative research transactions.
Prior to joining August Debouzy, Pierre-Olivier Ally spent most of his career in several foremost international law firms in Paris and then acted as the Chief IP Counsel of a European tech unicorn in Amsterdam.
Practice Area
Education
- J.D., University of Montreal, 2009
- LL.B., University of Montreal, 2009
- B.Sc. (Chemistry), McGill University, 2006
Admitted to the Bar
- Paris, 2012
- New York, 2011
- Quebec, 2010
Languages
French | English
Membership
- AIPPI
- APEB
- LES France
BEST LAWYERS 2025
(Recognized in Best Lawyers since 2024):
Intellectual Property Law
MANAGING IP EMEA AWARDS 2025
France Rising Star of the Year
MIP - IP STARS 2024
Patent disputes: Tier 1
Rising star
IAM PATENT 1000 FRANCE 2024
Litigation : Gold (Tier 1/3)
Prosecution : Bronze (Tier 3/3)
Transactions : Recommended
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UPC Court of Appeal Clarifies Standards for Imminent Infringement in Pharmaceutical Patent Disputes
The UPC Court of Appeal clarifies imminent infringement in pharma cases, overturning Boehringer v. Zentiva ruling and aligning with EU case law.
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The LD Lisbon Offers Some Limited Insight on Imminent Threat of Infringement
On 8 May 2025, the Lisbon Local Division of the Unified Patent Court (“UPC”) issued an order (Boehringer Ingelheim International GmbH v. Zentiva Portugal LDA, Lisbon LD, 8 May 2025, UPC_CFI_41/2025) denying a preliminary injunction application filed by Boehringer Ingelheim International GmbH (“Boehringer”) against Zentiva Portugal LDA (“Zentiva”).
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First Unified Patent Court Ruling on Second Medical Use Claims
On 13 May 2025, the Düsseldorf Local Division of the Unified Patent Court issued a landmark decision on the merits relating to a second medical use claim (Sanofi Biotechnology SAS and Regeneron Pharmaceuticals Inc. v. Amgen Inc. et al., 13 May 2025, UPC_CFI_505/2024). The decision follows an infringement action brought by Regeneron and Sanofi, respectively the proprietor and exclusive licensee of European Patent No 3 536 712 ("EP’712"), against various entities of the Amgen group, which subsequently filed a counterclaim for revocation. The claimants argued that the defendants’ product, evolocumab, marketed as Repatha® infringed EP’712.
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August Debouzy advised the French State on the acquisition of an 80% stake in Alcatel Submarine Networks (ASN) from Nokia
August Debouzy assisted the French State (through the Agence des Participations de l'État - APE) with its acquisition of an 80% stake in the Alcatel Submarine Networks (ASN) group, a French and global leader in submarine communication networks, from the Nokia group. This acquisition was completed on December 31, 2024.
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August Debouzy Advises Menix Group on the Sale of Global D to Naxicap Partners
The law firm August Debouzy advised the Menix Group on the sale of its subsidiary Global D, specializing in dental implantology, to Naxicap Partners. This strategic transaction aims for significant growth over the next five years through a buy-and-build strategy, industrial innovations, and international expansion. August Debouzy’s multidisciplinary team, led by Étienne Mathey, leveraged its expertise in Corporate, Tax, Employment Law, and IP/IT to support this key deal.
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August Debouzy advises the French State in the signing of a put option agreement relating to the acquisition of Alcatel Submarine Networks (ASN) from Nokia
August Debouzy assisted the French State (via the State Participation Agency - APE) on the occasion of the signing of a put option agreement for the acquisition of 80% of the share capital of the holding company that owns Alcatel Submarine Networks (ASN), a French and global leader in submarine communication networks, from the Nokia group.
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Saving Strict Liability
Pour rappel, Gilead avait demandé et obtenu des mesures provisoires en Finlande contre Mylan. Ces mesures provisoires ont été annulées ultérieurement et Mylan a demandé des dommages-intérêts afin d’être dédommagée. Dans ses conclusions du 21 septembre 2023, l’avocat général soutenait que l’article 9, paragraphe 7, de la Directive 2004/48/CE (la « Directive ») doit être interprété en ce sens qu’il s’oppose à une réglementation nationale prévoyant un régime de responsabilité sans faute .
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Will the Court of Justice Spell the End of the French Strict Liability Regime?
In the case No C-473/22 between Mylan and Gilead, the Advocate General analysed the Finnish strict liability regime primarily in the light of the lessons a
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August Debouzy acted for Argos Wityu during the exclusive talks for the acquisition of TKH France, a leading French provider of value-added connectivity solutions and products.
Argos Wityu signed an exclusive agreement with TKH Group, a technology company listed on Euronext Amsterdam in the Netherlands, to acquire the majority of
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