EPLAW PATENT BLOG

UK – JUSHI GROUP v. OCV INTELLECTUAL CAPITAL

Posted: August 15th, 2018

The UK Court of Appeal has considered the validity of a patent claiming a particular composition of glass fibres. OCV’s patent claimed glass strands with constituents expressed as a percentage by weight (e.g. SiO2 at 58-63%, Al2O3 at 12-20%). Further, the composition required the ratio of CaO to MgO to be less than or equal […]

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EPO – The scope of application of the prohibition of double patenting

Posted: August 8th, 2018

EPO, Technical Board of Appeal 3.3.01, decision of September 5, 2017 in case T 2563/11 – Double patenting The application in suit had been refused because the set of claims contained 2 claims which were identical to 2 claims contained in the patent granted on its parent application. The applicant submitted that the Examining Division […]

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NL – Nikon v. ASML / Case No. 3

Posted: August 2nd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 1 August 2018, Case No. ECLI:NL:RBDHA:2018:9236 This is case no. 3 of 11 patent cases between Nikon and ASML. Nikon unsuccessfully claims that ASML infringes Nikon’s EP 734 relating to an ‘Exposure apparatus, exposure method, and method […]

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CJEU – Truvada / SPC combination products

Posted: July 25th, 2018

CJEU in Truvada case (C-121/17): no SPC for A+B unless “the claims relate necessarily and specifically to that combination” Today, the Court of Justice of the European Union (“CJEU”) rendered a long-awaited decision in a dispute revolving around the supplementary protection certificate (“SPC”) protecting the HIV inhibitor Truvada. With its judgment rendered (to be found […]

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NL – Nikon v. ASML / Case No. 1

Posted: July 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 18 July 2018, Case No. ECLI:NL:RBDHA:2018:8777 This is case no. 1 of 11 patent cases between Nikon and ASML. Lithography machines are used in the production of chips. Nikon holds EP 1 652 003 (‘EP 003) relating […]

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DE – Sektionaltor III

Posted: July 20th, 2018

Higher Regional Court of Duesseldorf on financial compensation of joint proprietors of a patent (Higher Regional Court of Duesseldorf, judgment of March 15, 2018 – Case I-2 U 91/13) – “Sektionaltor III” Continuation of IP Report of August 24, 2017 (German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents […]

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DE – proximity switch / claim interpretation

Posted: July 20th, 2018

Claim interpretation in case of incorrect cited prior art in the patent – Higher Regional Court of Duesseldorf in “proximity switch”, Judgment of October 26, 2017 – court docket: 15 U 95/16 The decision of the Higher Regional Court of Duesseldorf (“Higher Regional Court”) deals with the interpretation of a patent claim in case of […]

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UK – AP Racing Limited v. Alcon Components

Posted: July 16th, 2018

This was an appeal of HHJ Hacon’s decision in AP Racing Limited v Alcon Components Limited, Intellectual Property Enterprise Court, 15 February 2017, Neutral Citation Number [2017] EWHC 248 (IPEC) concerning disc brake calipers for use on racing cars. The leading judgment was given by Lord Justice Lewison, with whom Lord Justice Lindblom and Lord […]

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UK – Q Delta v Zyxel / “external eyes only” confidentiality regime

Posted: July 16th, 2018

UK Court clarifies applicability of “external eyes only” confidentiality regime The issue whether certain licence agreements should only be disclosed on an “external eyes only” basis, i.e. only to external solicitors, counsel and independent experts, was recently decided in the UK by Carr J in the TQ Delta v Zyxel case. The case involved inter […]

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ES – Appeal / Rosuvastatin / Swiss-type claims in view of the Spanish Reservation to the EPC

Posted: July 13th, 2018

Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Court of Appeals of Barcelona, Section 15, 16 May 2018, Docket No. 59/2018 In a first instance judgment dated 12 July 2017, Commercial Court No. 5 of Barcelona concluded that use claims in the Swiss-type format, being purpose-related process claims, […]

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