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Patent infringer's profits as compensation for patent infringement

Hogan Lovells
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France
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January 31 2013

For the first time since it has exclusive jurisdiction over patent cases, the Court of Appeal of Paris awarded as a compensation for patent

The ABC of pediatric extensions of supplementary protection certificates

Hogan Lovells
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France
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October 25 2012

The First Instance Court of Paris rendered one of its very first decisions on the conditions for granting a pediatric extension of a Supplementary Protection Certificate (SPC) under Regulation (EC) No. 19012006

Retroactive patent nullification does not give ground for the repayment of earlier awarded damages

Hogan Lovells
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France
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July 20 2012

The French Supreme Court decided that the retroactive nullification of a patent does not give rise to claims for a repayment of an award of damages in an earlier decision based on patent infringement

French designation of a European patent take it to the limit

Hogan Lovells
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European Union, France
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October 25 2011

In this landmark case, the Court of Appeal of Paris ruled that the French Patent Office has jurisdiction and power to limit the French designation of a European patent

No file wrapper estoppel in France - Court of First Instance of Paris, decision of 28 May 2010, Institut Pasteur v. Siemens Healthcare Diagnostics

Hogan Lovells
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France
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October 14 2010

Institut Pasteur is the holder of European patent No. 0 178 978 filed on 17 September 1985, and entitled "Cloned DNA sequences, hybridizable with genomic RNA of "lymphadenopathy-associated virus (LAV)"

No patent over a dosage regime

Hogan Lovells
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France
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April 14 2011

The First Instance Court of Paris decided that a dosage regime is not patentable because it is not a second therapeutic application (patentable) but a therapeutic method (excluded from patentability under Art. 53(c) EPC

Attacking a voluntarily limited patent

Hogan Lovells
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France
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July 21 2011

The Court of Appeal of Paris rendered one of its first decisions regarding the admissibility of a third party appeal against the decision of the Director of the French Patent Office to limit a French patent further to the voluntarily request of its owner

Supplementary protection certificate not infringed by combination product

Hogan Lovells
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France
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January 27 2012

The Court of Appeal of Paris rejected a request for a preliminary injunction brought by Novartis, the owner of a Supplementary Protection Certificate (SPC) for a medicinal product, against Actavis which used the product in combination with another active ingredient

Confidentiality of information seized during an infringement seizure

Hogan Lovells
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France
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April 26 2012

The Court of Appeal of Paris held that information seized during an infringement seizure at the French Health Authority is subject to confidentiality, awaiting examination by an expert

French patentee-friendly approach with regard to sufficiency of description of patent claims

Hogan Lovells
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France
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January 20 2011

The Court of Appeal of Paris decided in an infringement action brought by Novartis AG relating to a patent for "extended wear ophthalmic lenses."

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