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Mario Pozzi

UPC Representative, Patent Litigator, SIB LEX

Mario Pozzi, Partner at SIB LEX

Mario Pozzi is a highly experienced Partner at SIB LEX Società tra Avvocati a.r.l., a law firm based in Milan, Italy.14 He is a distinguished representative of the Unified Patent Court (UPC) and a seasoned patent litigator.12

Pozzi has gained extensive experience in intellectual property matters, particularly in court proceedings related to trademarks, designs, unfair competition, copyrights, and advertising since joining SIB LEX in 2011.1 His practice also focuses on resolving patent disputes and assisting clients in analyzing intellectual property portfolios and fighting online counterfeiting.1

He regularly speaks at conferences on intellectual property topics, holds seminars at the university level, and contributes to specialized journals.1 Pozzi's clients include important Italian and international companies from various industries.1

On June 12 and 13, 2023, Pozzi filed two applications with the Unified Patent Court's (UPC) Milan Local Division on behalf of the German textile company Oerlikon Textile G.M.B.H. & CO. K.G. to preserve evidence against two Indian companies accused of infringing a European patent.1

Pozzi is looking forward to speaking at the Federal Circuit Bar Association® Global Series 2023 Fall Session taking place in Milan this week.3 He is passionate about providing legal advice and assistance to clients in various IP-related matters.

Highlights

Aug 14 · linkedin

A must-read article published on IPKat by my esteemed colleagues Federico Caruso and Valentina Predazzi on the recent decision by the #UPCHagueLocalDivision. The #UPCorder addressed two critical issues: a procedural one, regarding whether Amycel acted with any #unreasonabledelay, and a substantive one, concerning the #patentability of #mushrooms. Enjoy the read! #UPC #PreliminaryInjunctions #Urgency https://lnkd.in/dHnjyrjt"

Jul 23 · linkedin

Do you remember the #UPC #MilanLocalDivision #inspectionorder? Yesterday, the #UPC #Court of Appeal issued an important decision.

On August 23, 2023, Progress Maschinen & Automation AG filed an application for preserving evidence and an application for inspection against AWM Srl and Schnell S.p.a. (two Italian companies). On September 25, 2023, the Court of First Instance, Local Division Milan, granted both applications. However, the court prohibited Progress’ representatives from accessing the evidence gathered during the inspection and from sharing the information with Progress. Additionally, the court set a deadline for initiating proceedings on the merits, which coincided with the expiry of the thirty-day term for filing a request for review, assuming no review request was lodged by the Defendants.

Since this deadline passed, the court declared Progress’ application for the disclosure of the expert report inadmissible, dismissed the application, revoked the provisional measures to inspect premises and preserve evidence, and ordered the restitution of all gathered evidence to AWM and Schnell.

The Court of Appeal, however, held that the Court of First Instance should have specified, in the order, a time period starting from either the date of disclosure of the evidence to the applicant or the date of a final decision not to grant the applicant access to the evidence. Any other interpretation would require Progress to commence proceedings on the merits without access to the evidence, which contradicts the purpose of the measures.

Therefore, the Court of Appeal set aside the decision to revoke the measures for preserving evidence and inspecting premises. Nonetheless, it did not rule on Progress’ requests to access the expert reports or relieve their representatives of confidentiality obligations, referring these issues back to the Court of First Instance.

Happy reading.

#UPC #CourtOfAppeal #MilanLocalDivision SIB LEX Società Italiana Brevetti S.p.A. #Patents #Litigation

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Mario Pozzi
Mario Pozzi, photo 1
Mario Pozzi, photo 2
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Location

Milan, Lombardy, Italy