As I have written before, a "torpedo
action" is an action for a declaratory judgment filed by a potential patent
infringement defendant in a European state that is believed to have a slow-moving
docket, with the goal of preemptively staying proceedings in a faster forum in
which the patent owner is likely to file an infringement action. (For previous discussion, see my book pages
253-55 and, on this blog, posts here, here,
here, here, and here.) In my September 18, 2017 post, however, titled Some Recent Commentary on Unjustified Threats, Cross-Border Injunctions, Arrow Declarations, I forgot to include a recent blog post by Riccardo Perotti titled A requiem for torpedo actions? A catalogue of the most recent decisions on the issue, published on the IP Lens Blog (which until recently I was not aware of, but have now added to the list of "Other Blogs of Interest" in the left-hand column of this page). Dr. Perrotti discusses, inter alia, recent Italian cases dismissing torpedo actions in Italy where the plaintiff seeks a declaration of noninfringement of the non-Italian portion of a European patent. He concludes by stating that "all the torpedoes launched in Italy after the [2013] Asclepion ruling
have been dismissed on the grounds of lack of jurisdiction. Does this
mean that the torpedo saga has finally come to an end?"
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