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Stanislas Roux-Valliard

Posts by Stanislas Roux-Valliard

France – Trade secrets protection optimized with new procedural measures before Courts

The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements provided by the French Law of July 30, 2018 regarding the protection of trade secrets. The Paris Court of Appeal recently handed down

France: Inventive step becomes a patentability requirement at the French patent office

Law No. 2019-486 on growth and transformation of enterprises or “PACTE” Act was promulgated on May 22, 2019, making inventive step a ground for rejection of a domestic French patent application (new Article 612-12, I, 7° of the French Intellectual Property Code) at the examination level by the French patent office (“INPI”). This provision will come

Hogan Lovells’ Standard Essential Patent Update – May 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United States. The May 2019 update can be accessed in the following languages: • English language available here • Japanese language available here The May 2019 update covers these developments

Hogan Lovells’ Standard Essential Patent Update – February 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United States. The February 2019 update can be accessed in the following languages: • English language available here • Japanese language available here  The February 2019 update covers

FRAND license litigation: new ways of accessing relevant rates in France

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit

France – Rejection of a second SPC for a biological medicinal product

Cour de cassation, Commercial Chamber, 16 May 2018, No. 16-21638 The French Cour de cassation upholds the Paris Court of Appeal’s decision to reject an SPC application for a biological medicinal product which was based on the same patent as a first SPC but on a different market authorization. The Government of the United-States of

EU Trade Secret Protection – Brief v-log summary

Stanislas Roux-Vaillard discusses the key points covered by the EU trade secrets directive that aims at protecting undisclosed know-how and business information. Member States will have to implement all the critical requirements now set as a minimum standard by the directive by 9 June 2018. Watch the v-log here Catch up on our earlier Trade

France: Disparagement or FRAND offer?

A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE

France – Uneven Standards: SEP infringement requires claimed process identical to the standard

The First Instance Court of Paris has held* that when asserting alleged Standard Essential Patents (“SEPs”), a patent holder first has to show that the process claimed in the asserted patent is identical to the process disclosed in the underlying standard. Vringo Infrastructure Inc. (“Vringo”) purchased roughly 500 patents declared by their initial owner as

France – SEP cases begin by evidencing essentiality

First Instance Court of Paris, 17 April 2015, Core Wireless Licensing SARL v. LG Electronics Inc. and LG Electronics France The First Instance Court of Paris holds that when asserting alleged Standard Essential Patents (SEPs), a patent holder cannot just state and presume the essentiality of said patents. Core Wireless Licensing SARL (“Core”) purchased roughly

Europe: Shifting attitudes to patent injunctions

Final injunctions for successful parties in patent cases in Europe have generally been seen as automatic but attitudes are evolving. Despite their differing common law and civil law systems, courts in the UK and continental Europe have tended to grant  injunctions to successful patent owners after a trial as a matter of course. However, this