Monday, 9 June 2014

Limitation and Amendments of claims during litigation: a conference

From Anna Maria Stein (partner, Franzosi Dal Negro Setti, Milan) comes news of a conference on claim limitation/amendment during patent litigation. This event will be held on June 27 and 28 at the Aula Magna of the Court of Milan.  Says Anna Maria
"In particular, laws and procedures of five countries (Germany, France, Italy, the Netherlands and the UK) will be compared. The solutions at the European Patent Office (Articles 105a and 123 EPC) will also be considered. We would like to share with European colleagues a general overview of the problem. In fact the various systems present non-irrelevant elements of divergence, so that a unitary title of protection may assume a different geometry when litigated in various countries".

This is the link to the website of the Court of Appeal of Milan where external attorneys may register: . No fee is due for the registration and participation at the two days conference. While the registration form is in only in Italian, it is quite simple -- and Anna Maria is available here if you need support, information and other details. Anna Maria's firm also has a web page dedicated to the conference, with the updated programmes and listing a set of questions in order to collect information on this matter from various countries.

I have taken the liberty of cutting and pasting the contents of this promising events from the attachments to Anna Maria's email:

Friday, June 27, 2014

Aula Magna “Emilio Alessandrini and Guido Galli” – Court of Milan







Limitation and Amendments of claims during litigation.


(In Italian and English with simultaneous interpreting)


8:30                     Registration
9:00                     Greetings
Baldo Marescotti, Subst. President Court of Appeal, Milan
Roberto Bichi, Subst. President Court of Milan

9:30                        Definition of the terms of discussion: different problems connected to patent amendments and limitations (chaired by dott.ssa Marina Tavassi)
                                   - Amendments and limitations in the European and national systems; during patent granting proceedings and after the patent is granted (Professor Mario Franzosi, Visiting Professor, University of Washington - 20')
- Amendments and limitations in the European system (Heli Pihlajamaa, Director EPO - 20')
- Amendments and limitations during patent grant proceedings: the Italian law (Professor Giuseppe Sena; Emeritus Professor I.P. law, Milan State University- 20')
10:45                        Amendments and limitations in the national systemsPart I (chaired by Rt Hon Robin Jacob)
- The English experience: Rt Hon Robin Jacob (Judge in the Court of Appeal of England and Wales - 20') + Penny Gilbert (London - 20')
- The German experiencedr. Klaus Bacher (Richter Bundesgerichtshof - 20') + dr. Thornsten Bausch ( Munchen - 20')
- The French experience: Jean-Christophe Galloux, Président IRPI, Professeur Panthéon-Assas, Paris- 20') + Darius Szleper ( Paris - 20')
- The Dutch experience: prof. Jan Brinkhof, Professor Utrecht University ; Former Presiding Judge of the Court of Appeal The Hague - 20') + John Allen ( Amsterdam - 20')
13:15                        Break
14:30                        Amendments and limitations in the national systemsPart II -The Italian experience chaired by prof. Adriano Vanzetti (Emeritus Professor Intellectual Property, Catholic University, Milan- 20') - dott. Claudio Marangoni (Judge – Tribunal of Enterprises, Milan- 15'); dott. Umberto Scotti (President, Tribunal of Enterprises, Court of Turin- 15'); dott. Gabriella Muscolo (Member of Italian Competition Authority - 15'); Luciano Bosotti, President I.P. Counsels - 15'); prof. Giovanni  Guglielmetti (I.P. Professor, State University Milano-Bicocca- 15').
16:15                        Discussion       
17:45                        Final summary: Marina Tavassi (President of the Specialized Division for Enterprises of the Court of Milan - 20)

Sabato 28 giugno 2014

9,30      illustrazione del caso (Mock Trial) e presentazione delle modifiche proposte alle rivendicazioni del brevetto

10,00     difesa di parte attrice: giustificazione delle modifiche

10,40     difesa di parte convenuta: contestazione delle modifiche

11,20      pausa

11,35      camera di consiglio: un collegio costituito da tre persone in funzione di giudici
in contemporanea il pubblico, diviso in gruppi di lavoro, ricerca le possibili soluzioni

12,30     lettura della decisione e dibattito

13,00     fine lavori 

This Convention is aimed to magistrates and judges in ordinary training, judges and justices of the peace.
The conference is also open to the participation of lawyers (up to a maximum of 150), as well as to students of specialization advocate schools (maximum of 30).

For organizational reasons, the judges who wish to attend the meeting are asked to subscribe online through the website, in the lower right part of the home page at “Formazione Decentrata Magistrati Incontri di Studio Iscrizioni e Materiali.”  Participants will receive a certificate of attendance.

The meeting is part of the initiatives which provide the provision of credits by the “Consiglio dell’Ordine degli Avvocati” under the Rules of the Consiglio Nazionale Forense concerning the Professional Training.

For this purpose, 150 seats are reserved to the Board of the Bar Association of Milan. Entries must be made through the system”RICONOSCO”.

If you have any further questions about this event, please contact Anna Maria here

1 comment:

Anonymous said...

I don't see what the fuss is about. The EPO have the best system where there are multiple claims requests on file and a fairly lenient attitude to filing new requests. That works well because the claim requests are there for all parties to see during the entire procedure. Courts are stuck in the past with only considering one claim set at a time. That is what is causing all the problems.