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Riccardo Fruscalzo

Posts by Riccardo Fruscalzo

Italian time-machine : Limitation of the duration of an SPC may be decided by the Italian Patent Office

The Board of Appeal of the Italian Patent Office (Commissione dei Ricorsi), by decision published on June 26, 2017, acknowledged the right of the patent holder to ask the Italian Patent Office for the limitation of the duration of a supplementary protection certificate (SPC) further to its recalculation on account of an earlier marketing authorisation. Background

Court of Milan rules on interim measure ordering the halt of the pricing and reimbursement procedure of a generic product

By order issued on June 18, 2017, in summary proceedings brought by Teva against Mylan and Synthon for the alleged infringement of EP 2 361 924 (covering a manufacturing process for the active ingredient glatiramer acetate), the Court of Milan revoked the interim measure granted inaudita altera parte (i.e. without the defendants have been previously

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG) for digital and satellite television. The patented technology related to a system for selecting television channels, to be implemented in televisions,

Infringement by equivalence and patentability of intermediates in Italy

By decision of December 2nd, 2016, No 24658, Industriale Chimica S.r.l. vs Bayer Pharma AG, the Italian Supreme Court ruled on the infringement by equivalence and on the patentability of intermediates. Infringement by equivalence For the first time the Supreme Court has been asked to assess the infringement by equivalence under Article 52 of the

Italy: Trademark exhaustion in parallel imports – A question of venue and owner consent in the State of importation.

By order issued on October 17, 2016, the Court of Milan ruled on exhaustion of trademark rights and on the activities preliminary to the commercialisation that may amount to trademark infringement. The decision centred upon the purchase of imported products from the owner in the State of importation and assigning the court having venue where

Italy: Client lists – a (trade) secret but not for the supplier

When distribution agreements are terminated, a delicate issue often arises that is closely related to the need of the supplier to ensure continuity of business thereby preserving the goodwill acquired on the market for the products by the earlier distributor. In these cases, while the distributor’s list of clients may be protected as a trade

Italy: Teva vs. Novartis – Paediatric extensions of SPCs valid following removal of orphan designation

By order issued on February 26th, 2016 and only recently made available in a public database, the Court of Milan declared the validity of the paediatric extension granted by the Italian Patent Office for Novartis’ SPC covering the medicinal product Glivec (imatinib mesilate), applied for after Novartis’ voluntary removal of the product from the EU