Publications

Court of Cassation clarifies management of simultaneous validity and infringement proceedings

Court of Cassation clarifies management of simultaneous validity and infringement proceedings

12/10/2016 - Agatino Savoca - IAM Weekly 
A recent Court of Cassation decision has affirmed the principle that when separate infringement and invalidity proceedings are pending simultaneously, the court managing the infringement action should stay those proceedings until the validity action is concluded.

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Thursday, February 02, 2017/Categories: Publications
Claimed ranges and patent infringement under the doctrine of equivalents

Claimed ranges and patent infringement under the doctrine of equivalents

10/8/2016 - Alessandro Pero - IAM Weekly 
In the recently published decision of Geratherm Medical AG v Gima SPA (Decision 12657/2015) the Court of Milan ruled that patent pro-tection for a numerical range of values cannot be extended under the doctrine of equivalents to cover a numerical value that falls even slightly outside that range.

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Friday, October 14, 2016/Categories: Publications
Court of Cassation rules on patent infringement by equivalence

Court of Cassation rules on patent infringement by equivalence

8/6/2016 - Davide Rondano - IAM Weekly 
A recent Court of Cassation decision has affirmed the principle that a variant of a patented invention that is not original over the patent (i.e., does not exceed the technical skills of the skilled person) falls within the scope of the patent.

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Tuesday, June 21, 2016/Categories: Publications
Reformulation of technical problem not permitted during litigation

Reformulation of technical problem not permitted during litigation

4/5/2016 - Danilo De Lorenzo - IAM Weekly 
A recent decision from the Court of Milan confirmed the case law trend that the reformulation of a technical problem solved by a pa-tented invention is inappropriate during legal proceedings.

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Monday, May 16, 2016/Categories: Publications
Court rules stylised cowhide symbol can be freely used for leather goods

Court rules stylised cowhide symbol can be freely used for leather goods

13/4/2016 - Claudia D'Alessio, Paolo Viscuso - IAM Weekly 
On January 15 2016 the Court of Milan confirmed its partial previous decision declaring the nullity of the Italian collective mark consisting of a symbol portraying stylised animal skin. The mark was well known in Italy as 'vacchetta' ('cowhide') and was registered in Classes 16, 18, 21, 25 and 28, claiming goods made of leather in each class.

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Monday, May 16, 2016/Categories: Publications
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