Graham Ashley LANGUAGE OF PROCEEDINGS
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Dainese S.p.A. v.Alpinestars S.p.A. and Others
Dainese S.p.A., the claimant in a patent infringement action concerning EP'117 and EP'364, applied for leave to limit its claims under Rule 263.3 RoP after the EPO Board of Appeal issued a negative opinion on EP'117, seeking to discontinue claims related to EP'117 while maintaining those regarding EP'364. The defendants argued the application should be treated as a partial withdrawal under Rule 265 RoP, entitling them to cost reimbursement. The Milan Local Division held that Rule 263.3 RoP governs the limitation of claims, granted Dainese leave to limit its claims, rejected the request for partial reimbursement of court fees, and postponed the costs decision to the main proceedings.
Dainese S.p.A. v.S.L. Alpinestars S.p.A., Alpinestars Research S.p.A., Motocard Bike S.l.
Dainese S.p.A., the claimant in a patent infringement action concerning two European patents (EP'364 and EP'117), filed an application under Rule 263.3 RoP to limit its claims by withdrawing all arguments related to EP'117 following an adverse EPO Board of Appeal opinion, while maintaining claims regarding EP'364. The defendants opposed, arguing the application should be treated as a partial withdrawal under Rule 265 RoP and sought cost decisions. The Milan Local Division granted leave to limit the claims under Rule 263.3 RoP, rejected the request for partial reimbursement of court fees, and postponed the costs decision to the main proceedings.
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