EPLAW PATENT BLOG

ES – MINISTER FOR ECONOMIC AFFAIRS: SPAIN WILL NOT JOIN THE UPC

Posted: March 24th, 2017

Spain will not join the UPC. Minister for Economic Affairs Luis de Guindos rejects Spanish accession to the UPC during a session of Spanish Parliament  Luis de Guindos, the Spanish Secretary of State for Business, Energy and Industrial Strategy, has explicitly dismissed the possibility of Spain’s joining the Unitary Patent Court (“UPC”) system. The point […]

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NL – Philips v. Wiko, Archos, Asustek

Posted: March 22nd, 2017

Koninklijke Philips NV v. Wiko SAS, District Court The Hague, 22 March 2017, Case no. ECLI:NL:RBDHA:2017:2719 Standard essential telecom patent. Patent revoked due to lack of novelty. A copy of the case can be read here. Further headnote follows. Koninklijke Philips NV v. Archos S.A., District Court The Hague, 22 March 2017, Case no. ECLI:NL:RBDHA:2017:2720 […]

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ES – EX Parte PI with previous inspection during Mobile World Congress

Posted: March 14th, 2017

Ex Parte Preliminary Injunctions with previous inspection during the 2017 Mobile World Congress in Barcelona The Mobile World Congress, which is held each year in Barcelona, is the world’s largest event for the mobile communications industry. It is the venue for showcasing a great number of global developments and innovations in wireless and mobile communications […]

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HU – PI prevents Pharmaceutical Product launch

Posted: March 14th, 2017

Budapest Court Grants Preliminary Injunction Based on Direct Threat of Patent Infringement Preventing Pharmaceutical Product Launch The Metropolitan Court, Budapest has recently issued an order granting preliminary injunction against a Hungarian pharmaceutical distributor. The specialty of the case is that the allegedly infringing pharmaceutical product was not yet launched and it is the first time […]

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ES – UNITED CAPS FOOD v BORGES BRANDED FOOD / PROTECTIVE LETTERS UNDER SPANISH PATENT LAW

Posted: March 10th, 2017

United Caps Food v. Borges Branded Food, Barcelona Commercial Court No 5, Order 1/2017 (Jan 5th, 2017) Barely three months before the new Spanish Patent Act comes into force (Apr 1st, 2017), the Barcelona Commercial Court No 5 has rendered an order taking forward the filing of a protective letter (“escrito preventivo”), despite this possibility not […]

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UPC – SPAIN’S ACCESSION TO THE UNITARY PATENT SYSTEM?

Posted: March 10th, 2017

Last Tuesday (Mar 7th, 2017), a non-legislative motion has been approved by the Industries Committee of the Spanish Parliament (‘Congreso de los Diputados’) pleading for the accession to the European Unitary Patent system. Filed on Feb 14th, 2017 by the Socialist Party (‘PSOE’), the initiative has been ratified without amendment by all parliamentary political parties, […]

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UK – Edwards Lifesciences LLC v Boston Scientific

Posted: March 7th, 2017

Edwards Lifesciences LLC v Boston Scientific Scimed Inc, UK, High Court, Hacon HHJ sitting as a Deputy High Court Judge, 3 March 2017 These proceedings concerned an application brought by Edwards Lifesciences LLC (“Edwards”) seeking revocation of two European Patents (UK) – EP (UK) 2 749 254 and EP (UK) 2 926 766 – owned […]

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NL – Eli Lilly v. Sandoz

Posted: March 6th, 2017

Eli Lilly Company v. Sandoz B.V., District Court the Hague, 1 March 2017, Case No. ECLI:NL:RBDHA:2017:1907 Preliminary injunction proceedings. It is unlikely that the patent will be revoked in proceedings on the merits. No implicit disclosure of the administering of vitamine B12. Injunction granted. A copy of the judgment can be read here.

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UK – AP Racing v. Alcon Components

Posted: February 27th, 2017

AP Racing Limited v Alcon Components Limited, Intellectual Property Enterprise Court (HHJ Hacon), 15 February 2017, Neutral Citation Number [2017] EWHC 248 (IPEC) This was the second occasion on which AP Racing and Alcon had come to trial in a dispute over brake callipers for use on racing cars. The first trial, heard in December […]

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NL – Bayer v. Dutch Patent Office

Posted: February 23rd, 2017

Bayer v. Dutch Patent Office, 1 February 2017, Case no. ECLI:NL:RBDHA:2017:793 Interpretation of CJEU Neurim. Does a market authorisation for Climodien prevent the obtaining of an SPC for the application of the two active substances for which a later market authorisation for a different pharmaceutical product was obtained? The Court rules that a patented new therapeutic […]

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