UPC – German French Supremacy?

Posted: January 20th, 2022

German French UPC Supremacy? by Willem Hoyng, HOYNG ROKH MONEGIER   Under the heading Juve Patent Survey 2021 Juve uses the title “UPC favourites: French and German judges dominate”. Juve suggests that its findings are based on Juve’s own worldwide survey of 1300 “patent experts”. We do not know (other than the indication “heads of patent […]


IT – Providus – lost profits / recovery of profits – Supreme Court

Posted: January 5th, 2022

Introduction With Decision No. 21832 of 29 July 2021, the Italian Supreme Court clarified: (a) what the relationship is between compensation for lost profits under Art. 125(1) of the Italian Intellectual Property Code (“IPC”) and recovery of profits under Art. 125(3) IPC; and (b) whether the recovery of profits requires wilful intent or negligence by […]


NL – Astrazeneca v. Menzis / Appeal

Posted: December 30th, 2021

AstraZeneca B.V. and AstraZeneca AB v. Menzis Zorgverzekeraar N.V. and Anderzorg N.V., Court of Appeal The Hague, The Netherlands, 28 December 2021, Case No. 200.286.638/0, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for providing the judgment and the translation “In 2014, the District Court invalidated a pharmaceutical patent of AstraZeneca AB for lack of […]


EPO – J 8/20 and J 9/20 – Artificial Intelligence – overview

Posted: December 23rd, 2021

European Patent Office, Legal Board of Appeal, Order in cases J 8/20 and J 9/20 published on December 21, 2021; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG In a Press Communiqué of December 21, 2021, the Legal Board of Appeal published the order in cases J 8/20 and J 9/20 dealing […]


NL – Bayer Healthcare v. Teva

Posted: December 16th, 2021

Bayer Healthcare LLC v. Teva B.V. et al. PI Judge District Court The Hague, the Netherlands, 10 December 2021, Case no. ECLI:NL:RBDHA:2021:13616 Third generation divisional. Foreign proceedings on the mertits in which parts of the were invalidated do not take away the fact that the Dutch PI judge should reach its own conclusions. “At the […]


EPO – EBA referral G 2/21 – Plausibility and post-published evidence

Posted: December 7th, 2021

EBA referral G 2/21 – post-published evidence and plausibility, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg  With the decision T 116/18, questions were referred to the Enlarged Board of Appeal (EBA) of the EPO that may have a significant impact on patent filing strategies as well as oppositions. They relate to […]


NO – Norwegian Parliament establishes patent attorney client-attorney privilege

Posted: December 2nd, 2021

Norwegian Parliament adopts amendment act establishing patent attorney client-attorney privilege, by Gunnar Meyer and Nora Bratheim, Wikborg Rein The Norwegian Parliament has passed amendments to the Dispute Act and the Criminal Procedure Act extending the general client-privilege rules to patent attorneys. As an outline, patent attorneys now enjoy the same client-attorney privilege as lawyers. However, […]


EPLAW – Annual Congress and General Assembly 2021

Posted: November 29th, 2021

Friday 26 November, the 2021 edition of EPLAW’s Annual Congress and General Assembly 2021 was held in Brussels. Due to the continuing pandemic, it was a hybrid event, with speakers and participants attending both in person and virtually.  The event was preceeded by a social event on Thursday. The entire programme consisted of: 20 years […]



Posted: November 29th, 2021

Erasmus MC and Invivo v. Vitro et al., Court of Appeals of Barcelona, 8 April 2021, Appeal Docket No. 1969/2020 On 8 April 2021, the Court of Appeals of Barcelona rendered judgment on appeal in a complex case relating to nucleic acid amplification primers for PCR-based clonality studies, involving a number of issues regarding the […]


NL – Kiremko v. Tomra

Posted: November 24th, 2021

Kiremko B.V. v. Tomra Sorting Limited, District Court The Hague, 10 November 2021, Case no. ECLI:NL:RBDHA:2021:12267 Tomra holds EP 1 289 385 relating to a ‘Steam Peeling Processing System’. Kiremko markets the steam peeling machine Strata Invicta in the Netherlands. Various proceedings have already been conducted between the parties regarding (alleged infringement with) the Strata […]