EPLAW PATENT BLOG

NL – Digital Revolution v. Samsung

Posted: January 11th, 2018

Digital Revolution B.V., Maxperian NL B.V., Yorcum Computers B.V. v. Samsung Electronics Co. Ltd, District Court The Hague, 5 January 2018, Case No. ECLI:NL:RBDHA:2018:93 Enforcement dispute. Samsung earlier successfully obtained an injunction against Digital Revolution et al for patent infringement. Later, it became apparent that HP took over the printing division of Samsung. According to […]

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ES – Fast Action Protocol Mobile World Congress 2018

Posted: January 5th, 2018

Fast Action Protocol adopted for 2018 Mobile World Congress, by Luis Fernández-Novoa, HOYNG ROKH MONEGIER The city of Barcelona will host again from 26 February to 1 March 2018 the Mobile World Congress (MWC), the biggest gathering worldwide of the mobile communications industry. This year, as has been the case since 2015, the Barcelona Patent […]

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ES – MARKET v. LOGO PAINT / Declaration of non-infringement / 3D Advertising prints

Posted: January 5th, 2018

Market SP’94 S.L. v. Logo Paint A/S, Barcelona Commercial Court No. 5, 12 September 2017, Docket No. 203/16 On 12 September 2017, Commercial Court No. 5 of Barcelona handed down a ruling on the interpretation of the requirements for bringing a declaration of non-infringement in Spain, in a case involving two companies dedicated to the […]

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NL – SCA Tissue v. Vailli

Posted: January 3rd, 2018

SCA Tissue France SAS v. Vailli, District Court The Hague, 27 December 2017, Case No. ECLI:NL:RBDHA:2017:15395 SCA holds EP 1 799 083 B1 related to a “Toilet paper dispenser housing a roll, toilet paper roll and dispenser’. SCA states that the Vailli K5 dispensers filled with paper that SCA employees discovered at a fair directly […]

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UK – Illumina v. Premaitha

Posted: December 23rd, 2017

Illumina v Premaitha, UK Patents Court, Carr J, 21 November 2017 Illumina has succeeded in a claim that a non-invasive prenatal diagnosis test offered by Premaitha infringed five related patents and that a gender testing component of an Ariosa Diagnostics product infringed a further patent. This lengthy, yet insightful judgement is effectively three judgments in […]

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EFTA – MSD v. The Icelandic Patent Office / Negative term SPC

Posted: December 22nd, 2017

MSD v. The Icelandic Patent Office, EFTA Court, 21 December 2017, Case no. E-5/17 “Merck Sharp & Dohme Corp. (“Merck”) filed an application for an SPC with the Icelandic Patent Office in September 2007. The period between the application date of Merck’s basic patent (July 2002) and the grant of the first marketing authorisation (March […]

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DK – ELI LILLY V. FRESENIUS KABI (PEMETREXED)

Posted: December 22nd, 2017

Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”) v. Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”), the Danish Maritime and Commercial High Court, Case number A-19-17, 8 December 2017 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use […]

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EU – CJEU SPC ruling Incyte (HU)

Posted: December 20th, 2017

C-492/96 Incyte – CJEU’s preliminary ruling allows rectification of SPC durations to bring them in line with Seattle Genetics The Court of Justice of the European Union closed the year by adding a favourable preliminary ruling for SPC holders to the flurry of recent SPC referrals and decisions. The history of the one rendered today […]

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EPO – EBA decides on undisclosed and disclosed disclaimers

Posted: December 20th, 2017

EPO, Enlarged Board of Appeal, decision of December 18, 2017 in case G 1/16 – Disclaimer III, to be published in OJ EPO In its decision T 437/14 (OJ EPO 2017, A50), Technical Board of Appeal 3.3.09 had referred 3 questions to the Enlarged Board of Appeal (EBA) concerning the proper standard to be applied […]

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UK – Saab Seaeye v Atlas Elektronik

Posted: December 20th, 2017

Saab Seaeye Limited v Atlas Elektronik GmbH & ECS Special Projects Limited , Court of Appeal, London, UK, 19 December 2017, [2017] EWCA Civ 2175 This judgement relates to an appeal by Saab Seaeye (“Saab”) against a decision by Mann J holding that that Saab’s Ballista mine clearing device infringed the valid claims of the […]

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