The July 2003 final result of Sweet & Maxwell's European National Patent Reports has simply emerged. Of the 3 cases it features, ane is of exceptional legal significance: Gen-Probe Inc 5 Hoffmann-La Roche AG. HLR held a European patent for the amplification of nucleic acids. Seeking to necktie the Swiss pharma company's patent inwards knots, Gen-Probe launched proceedings inwards Italy against the HLR grouping of companies for a announcement that its ain organization for TMA blood tests for chlamydia did non infringe HLR's patent; Gen-Probe likewise sought the patent's revocation. The big final result was whether a courtroom inwards Milan, Italy, had jurisdiction to brand whatsoever ruling of revocation or non-infringement of the bits of the European patent that spilled beyond Italy into Austria, Belgium, Germany, Switzerland, France, Luxembourg, Sweden together with The Netherlands.
The Court of Milan, citing the relevant provisions of the European Patent Convention, ruled that since a European patent, ane time granted, becomes a parcel of national rights, it didn't convey jurisdiction to dominion inwards honour of either revocation or non-infringement exterior Italy. The courtroom added that in that place had to last at to the lowest degree the adventure of around impairment occurring inwards Italy earlier a unusual accused who was non domiciled inwards Italy together with did non merchandise in that place could last sued inwards an Italian court.
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