FR - Institut Pasteur v. Siemens

Institut Pasteur v. Siemens Healthcare Diagnostics, Court of First Instance, Paris, France, 28 may 2010, Docket No.: 08/08679, with thanks to Pierre Véron, Véron & Associés for sending in the case and the translation
 
In this case dealing with detection kits for the quantitative diagnosis of HIV, the First Instance Court of Paris recently decided on (i) file wrapper estoppel and claim construction in light of Article 69 EPC in France as well as on (ii) the consequences of claim construction on patent infringement under the Doctrine of Equivalents. 
 
'File wrapper estoppel' and claim construction in light of Article 69 EPC in France - the French Court expressly rejects the application of the American theory of 'file wrapper estoppel' in France but the Court also clearly states that it keeps the possibility: "of referring to the wording of the claims as initially filed and of appraising the scope thereof, in particular in light of the amendments made during the grant or opposition proceedings before the European Patent Office"
 
The consequences of claim construction on patent infringement under the Doctrine of Equivalents - in deciding whether or not a general mean with a new function is claimed, the Court may consider "the limitations made by the patentee to the claims’ wording during the examination and opposition proceedings before the European Patent Office".

Read a complete summary in English here.

Read the decision (in French) here.
Read the decision (in English) here.

Head note and summary in English: Stanislas Roux-Vaillard

Comments

[Tom Gallagher]

So it sounds like they will apply prosecution history estoppel, but just not say specifically that that is what they are doing.