sutton044

Before lunch yesterday, attendees were treated to a session on the protection and potential remedies that may be available for patents before issue and after expiry.  With Steve Garland ( Smart & Biggar) at the helm, the AmeriKat summarizes the four key points coming from the session as follows:  Views from the pre-grant and post-expiry remedies session 1.  Use Italian preliminary measures to weaponize an early injunction threat with a pre-grant injunction.    Judge Marina Tavassi  (President of the Milan Court of Appeal) explained that in Italy there is a tradition of patentees seeking and obtaining pre-grant injunctions on the basis of their published, but not granted, patent applications.  It was explained that this tool was available in recognition and to counterbalance the length of the ultimate substantive patent proceedings. Judge Tavassi noted that the patent trials in Italy are speeding up, particularly because, she said, Italy enjoys sp...