Jurisprudence

Paris Court of Appeal - SAS SANTEN v/ INPI


Second medical indication and SPC - Referral to the CJEU - Gérard Dossmann, French IP and European patent attorney comments the decision of the Paris Court of Appeal of 9 october 2018 referring questions to the CJEU for a preliminary ruling on the interpretation of Article 3d) of Regulation (EC) No 469/2009 in the light of the NEURIM judgment (CJEU C-130/11).

Background The subject of the SANTEN’s patent: The use of a submicron oil-in-water ophthalmic emulsion comprising an immunosuppressive agent selected from the group (...)

Paris Court of Appeal - CAR&BOAT MEDIA v/ SNEEP


The Company CAR&BOAT MEDIA was represented by Arnaud CASALONGA, attorney, and by Audrey DANEL, attorney.

Issues:

  • - Use of the term “ARGUS” on a website to designate a service of vehicle sale rating
  • - Infringement action against ARGUS trademarks with request of provisional prohibition in a preliminary injunction
  • - Provisional prohibition rejected at first instance and on appeal
The Court of appeal of Paris confirms the first instance decision of February 22, 2018 rejecting requests of provisional prohibition made by the Company SNEEP on the basis of (...)

Grand Chamber of the CJEU - TEVA and others v/ GILEAD SCIENCES INC.


Gérard Dossmann, French and European Patent Attorney comments the judgment of 25 July 2018 of the Grand Chamber of the COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU). The Chamber rules on the interpretation of article 3a) of Regulation (EC) No. 469/2009 applying a two stages criterion.

Background: The company GILEAD markets under the name TRUVADA®, an antiretroviral drug indicated for the treatment of HIV patients. This medicine contains two active (...)