Proportionality in Patent Litigation on Medical Devices

Italian courts have recently demonstrated a flexible approach to granting injunctions in patent litigation on medical devices, seeking to strike a balance between
patent exclusivity and public health on the basis of the proportionality principle. The application of this principle varies between countries. 

In the article published by EIPR, 2022, Issue 9, Martina Dani gives an overview of the current approaches to proportionality adopted by Italian, German and English courts and the legal practice which is expected to be applied by the Unified Patent Court.

The whole article will be available November 2022.