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7

marzo

2018

IAM

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…

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20

dicembre

2017

IAM

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…

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6

dicembre

2017

IAM

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…

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8

novembre

2017

IAM

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…

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11

ottobre

2017

IAM

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…

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2

agosto

2017

IAM

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…

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12

luglio

2017

IAM

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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7

giugno

2017

IAM

Class 35: registering retail and wholesale services at the UIBM

Since2016theItalianPatentandTrademarkOffice(UIBM)hastaken aharshstanceonregistrationsfor‘retailand wholesaleservices’in Class 35. During this time, the UIBM has consistently…