IT - Giellepi Chemicals S.R.L. v. Meda Pharma GmbH & Co. KG

Milan court 23 September 2010 - 17 December 2010, Giellepi Chemicals  S.R.L.  vs. Meda Pharma GmbH & Co. KG
 
This judgment is apparently the first one which discusses the admissibility of a disclaimer in a patent claim in Italy. Such admissibility has been confirmed substantially to the same extent accepted by the European patent office (pages 20 to 22). The court dismissed the challenging party's argument that on one hand the Italian law does not provide for such disclaimers, on the other hand that a disclaimer introduces some new matter (albeit in negative terms) which was not disclosed in the original application.