Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1091 Parties to the case Nucléosides antiviraux (European application) n°196 185 (European application) n°291 633 (European application) versus 09-15-00, CA de Paris (Appeal) Domain --- Issue of law Result Recognized holdership of the patent Yes --- Action of the possible co-holders to be designated as such No Effect of the European patent in France --- Deposit of the translation of the text as delivered within the time limits (Intellectual Property Code art: L 614-7/8) No --- Translation confers a protection shallower than the delivered European patent No --- Possible correction of the translation (Intellectual Property Code art: L 614-10) No --- Patent without effect in France Yes Novelty --- New compound No --- New therapeutic application Yes Inventive step Yes --- The man skilled in the art could solve the technical problem basing himself on the prior art No --- Prejudice in the art Yes --- Reasonable hope of success No --- Many competitors sought without succeeding Yes Validity of the infringement seizure No --- Name of the usher is reproduced on statement (648-3 NCPC) No --- Meaning of the ordinance for seizure (117 NCPC, R 615-2) No Infringement of the patent Yes --- Offer of delivery of the means of implementation of the patented invention Yes Enacting terms: Damages 22,867 Euros Interdiction (by established infraction) 762 Euros Publication of the decision (maximum) 9,146 Euros Order on the ground of Art 700 NCPC 0 Euros Dismiss of the appeal Non Set aside of the contested decision Partly Publication(s): PIBD 2000, Ref.: 926, III, 429

Last updating : 12-10-06
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