sutton044

The IPKat has previously presented the court’s reasoning with regards to plausibility of second medical indication claims. Time to turn to the issue of what constitutes infringement. The protection conferred by means of Swiss-type claims as well as the nature of the claims is of growing importance. This is the case despite   the fact that Swiss-type claims have been replaced by purpose-limited product claims under 54(5) of the EPC2000 and the Abbott ruling (G 0002/08 (Dosage regime/ABBOTT RESPIRATORY) of 19.2.2010) . Infringement of Claim 3 The  focus of the infringement ruling is Claim 3, stating  -- “use of pregabalin for the preparation of a pharmaceutical composition for treating neuropathic pain”. The claim in question is a purpose-limited process claim. It is a process claim since it concerns the preparation of the substance pregabalin, and it is a purpose-limited claim since it only covers the process if undertaken in order to treat neuropathic pain   Althoug...

Big Red Can copyright vest in mascots and characters? This, in a nutshell, is the question that the Italian Supreme Court had to address in Ralph v Mediaset and Others , decision 14635/2018 [Katpat to Valentina Borgese for the heads up and the text of the decision] .  The Italian court answered in the affirmative, and provided some helpful guidance on copyright subsistence, derivative works, and infringement. What happened? In 1979 Ralph Carey created what would become the mascot of the Western Kentucky University (WKU) basketball team, a red character named Big Red. In 2009 he brought proceedings before the Milan Court of First Instance against broadcasters RTI and Mediaset and the creator of well-known TV programme Striscia La Notizia , claiming that the likeness of mascot/TV character Gabibbo (‘operating’ since 1990) would infringe copyright in Big Red. The Milan court sided with Carey: in 2012 it held that Gabibbo infringed copyright in Big Red. It also awarded damages for EU...