3
May
2018
General Court increases burden of proof for genuine use
In Case T‑879/16, Sony Interactive Entertainment Europe Ltd brought an action against the decision of the Fourth Board of Appeal of the EU Intellectual Property Office (EUIPO) on…
7
March
2018
Evidence of clear conflict required for declaratory judgment action
An action for declaration of non-infringement may be generally de- fined as an action in which a third party, involved in or anticipating a possible or actual infringement…
20
December
2017
File wrapper estoppel trumps infringement under doctrine of equivalents
The Court of Milan recently held that the text of a European patent application and the applicant’s actions during the prosecution history of the application which sought to limit…
6
December
2017
Lessons in unfair competition and misappropriation of confidential information
The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the…
8
November
2017
UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD
In its March 21 2016 decision in Trust Monti Fonti and Saldarini 1882 v Arboritanza Gianmarco (807/2013), the Italian Patent and Trademark Office (UIBM) used a new approach for…
11
October
2017
Supplementing your understanding of supplementary protection certificates
The Milan Court of First Instance recently addressed the validity of a supplementary protection certificate (SPC) held by Amgen based on a first marketing authorisation in Italy…
2
August
2017
Supreme Court recognises punitive damages
On July 5 2017, the Supreme Court of Cassation (Case 16401/17) recognised for the first time that punitive damages may be applied in connection with civil liability under Italian…
12
July
2017
When reverse engineering is difficult, infringement of software trade secrets is confirmed
In SI Engineering Srl v Lantek Systems Srl the first instance of the Court of Turin confirmed that, when software ‒ namely a proprietary format for storing both geometrical data…
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