Cheap Can Be Cheap - Appraising Damages When Suing For Patent Infringement

Author:Mr Iván Poli and María Julia García Ruiz
Profession:Marval O'Farrell & Mairal

On December 13, 2011, in the case "Aventis Pharma S.A. v. Sandoz S.A. et al on patent infringement. Damages", Division 1 of the National Court of Appeals on Federal Civil and Commercial Matters examined the requirement of appraising the amount claimed when filing a complaint for patent infringement.

The plaintiff, Aventis Pharma S.A., had filed a lawsuit for patent infringement, and stated at that point that the amount claimed could not be determined. Consequently, as prescribed by Argentine law, the plaintiff paid only the minimum court fees. When answering the claim, defendant filed a motion to dismiss based on the lack of determination of the amount claimed. The defendant argued that the plaintiff had enough information and data to specify the amount claimed and that, by not doing so, it had affected its rights of defense. The lower Court rejected the defendant's motion and the Court of Appeals confirmed this decision...

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