20/12/2017 - Valeria Croce - IAM Weekly
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 a claim to a compound’s specific salt form precluded a finding of infringement – including under the doctrine of equivalents – by other salt forms.
6/12/2017 - Francesco Chimini - IAM Weekly
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 use of non-identical technical drawings was insufficient to establish a claim of misappropriation of a competitor’s confidential information.
8/11/2017 - Laura Salustri - IAM Weekly
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 assessing the likelihood of confusion between trademarks that borrows many features from the general rules of language development.
11/10/2017 - Giorgio Long - IAM Weekly
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 filed by Hoffmann La Roche (HLR), relating to the drug Kadcyla, which is used in the treatment of breast cancer.
2/8/2017 - Patrizia Franceschina - IAM Weekly
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 law.