Patents: the IP Court of Milan on patent claim reformulation

With the decision no. 7708/2014 dated 11 June 2014, the IP Court of Milan issued an important decision over patent claims reformulation during a validity proceeding.

Under article 79, paragraph 3, of Legislative Decree no. 30 of 2005 (hereinafter ‘CPI’), patent holders have the right to reformulate disputed claims in the course of validity proceedings ‘within the limits of the patent application as originally filed and not extending the scope of protection conferred by the patent as granted’.

In the case at stake, the IP Court of Milan was asked to declare the invalidity of three Italian patents and two Italian patent applications, owned by a competitor, and to ascertain that the product manufactured and sold by the plaintiff did not infringe the contested patents. The defendant filed a counterclaim of infringement for two of the mentioned patents, seeking damages and an injunction…

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