Category Archives: Patents & Inventions

Amendments to a patent? Yes, not always a counterfeiting

Articolo 6

By judgment of 24 January 2017 no. 885, the Court of Milan faced the hard theme of the possibility to amend the claims of a patent during the proceedings, as foreseen by Article 79 of the Code of the Industrial Property. Sometimes, the amendment to a patent’s claims  during a judgment is necessary when the patent […]

I invent, you earn

Invenzioni

The Jobs Act for self-employed persons determines who the rights on a new invention or a creative work made by an independent contractor belong to. To whom do the rights on a creative work or an invention made by a third person belong? The inventor or to the buyer? This is an ancient debate, often […]

Samsung Vs. Apple and how to quantify the damages

The 6th December 2016 the Federal Court of the US issued a new important decision concerning the Apple-Samsung Saga. In 2012, Apple won a lawsuit against Samsung for the violation of a number of utility models patents and of designs in addition to the competitive damage by “dilution” caused by Samsung for the imitation of […]

The judgment on the validity of the patent prevails on the judgment of the infringement thereof

The Court of Appeal, with decision no. 15339 of 25 July 2016, has expressed its opinion regarding the relation between different law suits relative to the validity of a patent and the infringement thereof. In particular, the case submitted to the Judges of legitimacy concerned the relation between an infringement judgment, with only a secondary […]

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