EPLAW PATENT BLOG

CJEU – Opinion AG in Mylan v. Gilead / SPC

Posted: September 28th, 2023

Opinion of Advocate General Szpunar delivered on 21 September 2023, Request for a preliminary ruling from the markkinaoikeus (Market Court, Finland), Mylan AB v. Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, and Gilead Sciences Inc., Case C‑473/22, ECLI:EU:C:2023:699 Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis […]

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NL – Basic v. Afire / Appeal

Posted: September 26th, 2023

Basic Holdings ULC v. Afire NL-BE en Afire Nederland and Afire SARL, Court of Appeal The Hague, The Netherlands, 12 September 2023, Case no. ECLI:NL:GHDHA:2023:1812 Basic holds European patent EP 2 029 941 B1 relating to artificial fireplaces. Basic states that Afire et al. infringe this patent and therefore requests a declaratory judgment to that […]

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UPC – 10x Genomics v. Nanostring Technologies / PI Granted in UPC first

Posted: September 21st, 2023

US biotech company 10x Genomics has been granted a preliminary injunction that prevents a competitor NanoString Technologies from selling products in 17 EU countries in a landmark ruling by the local division of the Unified Patent Court (UPC) in Munich. Dr Julia Traumann and Emmanuel Gougé of Pinsent Masons said the ruling, where 10x Genomics […]

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NL – Genmab v. Dutch Patent Office / SPC

Posted: September 15th, 2023

Genmab A/S v. Dutch Patent Office, District Court The Hague, The Netherlands, 29 August 2023, Case no. ECLI:NL:RBDHA:2023:12773 Application for a supplementary protection certificate for the product “ofatumumab” used as a medicinal product. A marketing authorization has been granted for the product, but this is not the first authorization for placing the product on the […]

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UPC – Upcoming hearing at the Local Division Vienna

Posted: September 4th, 2023

Communication from the UPC: Upcoming hearing at the UPC Local Division Vienna Name of the parties: CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG vs. Alpina Coffee Systems GmbH File number: ACT_528738/2023 Type of action: Application for provisional measures Language of proceedings: German Date: 13.9.2023 Time: 9:00 a.m. Location: Room 25, 3rd floor, Althanstraße 39-45, 1090 Vienna […]

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News – Conference: Litigation Matters 2023

Posted: August 31st, 2023

The EPO announces the online conference ‘Litigation Matters 2023’ to be held online on 5-6 December 2023 The conference is organised in close co-operation with EPLAW, and features various prominent speakers, amongst which UPC Judge Rian Kalden, Presiding judge of the second panel of the Court of Appeal, former EPLAW Presidents Willem Hoyng and Klaus […]

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NL – Koninklijke Douwe Egberts v. Belmoca / Appeal

Posted: August 31st, 2023

Koninklijke Douwe Egberts B.V v. Belmoca BVBA, Court of Appeal The Hague, The Netherlands, 25 July 2023, Case No. ECLI:NL:GHDHA:2023:1641 Koninklijke Douwe Egberts (‘KDE’) holds EP 521 and EP 333 relating to beverage production systems. KDE states that Belmoca’s Belmio coffee capsules indirectly infringe on these patents. This has led to KDE seeking an injunction […]

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NL – Edwards Lifesciences v. Angiocare and Meril

Posted: August 30th, 2023

Edwards Lifesciences Corporation v. Angiocare B.V., Meril GmbH, Meril Life Sciences PVT Ltd. District Court The Hague, The Netherlands, 26 July 2023, Case No. ECLI:NL:RBDHA:2023:11325 Edwards’ EP 3 494 930 B1 relating to a “Leaflet attachment frame for a prosthetic valve” is found to be partially invalid and therefore not infringed. The Dutch part of […]

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UPC – Amgen v. Sanofi / Preliminary Objection rejected

Posted: August 28th, 2023

Amgen, Inc. v. Sanofi-Aventis Deutschland GmbH et al., Panel 1 of the Central Division (Section Munich), Order of the Judge-rapporteur András Kupecz, Case no. UPC_CFI_1/2023 Patent at issue: EP3666797 Amgen, Inc “Conclusion “4.53 Based on the above, it is concluded that at the point in time the Claimants brought their revocation action by lodging the […]

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