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Jurisprudence

You will find here a selection of decisions of the French Courts, of the European patent Office (EPO) and of the European Union Intellectual property Office(EUIPO). Various teams of CASALONGA were involved in some of the cases handled. Other cases are quoted here in view of their particular importance.

2016-12-13

Fort de France 1st Instance Court - M. Gontran Rupaire v/ Société DENEL confitures et jus de fruits tropicaux S.A.S.


The company DENEL SAS was represented, in defence by Caroline CASALONGA, Attorney at law, assisted by Pascaline VINCENT, Attorney at law.

Issues:

  • - Protection of the Caribbean culinary heritage
  • - Prohibition measures
In this case, Mr. Marcel Rupaire, a beekeeper, brought an infringement against DENEL on the ground of its French tardemarks DOUCELETTE, signs registered as word and (...)
2016-12-02

Paris 1st Instance Court - Pfizer Limited & others v/ Biogaran, Sanofi et others


BIOGARAN was represented by Marianne Gabriel, attorney at law. SANOFI was represented by Arnaud Casalonga, attorney at law, assisted by Floriane Codevelle, attorney at law. Gérard Dossmann, French and European Patent Attorney, assisted them.

This is the first case of skinny labeling in France.

Issues:

  • - Prohibition and immediate recall of products
  • - Closing of the generic market
  • - Huge financial consequences
In that case, Pfizer initially filed a patent on the pregabalin compound, which expired in 2013, and a patent for a second therapeutic application in 1997, for the use of (...)
2016-09-27

EPO - L’Oréal v/ Henkel AG & CO. KGAA & Kao Germany GmbH


The patentee, L’Oréal was represented by Véronique Crest, European Patent Attorney. The decision of the Board of Appeal is favorable to the patentee and maintains the patent as granted.

The opposition was directed against the European patent EP 1 757 327 of the company L’Oréal on the basis of inadmissible extension of the subject-matter, insufficiency, lack of novelty and lack of inventive step.

The invention relates to a ready-to-use oxidizing composition for treating keratin materials, in particular the hair, comprising three specific compounds. The main objective (...)