Posted: June 13th, 2019
Sandoz B.V. v. Astrazeneca AB, Supreme Court of the Netherlands, Opinion Advocate General Van Peursem, 10 May 2019, Case No. ECLI:NL:PHR:2019:608 Astrazeneca holds patent EP 1250138 relating to a fulvestrant formulation. A product with fulvestrant is marketed by Astrazeneca under the name FASLODEX and is used for the treatment of oestrogen hormone dependent breast cancers. […]
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Posted: June 12th, 2019
*** UPDATE *** As expected, it was confirmed yesterday that the exception will enter into force on 1 July 2019. From the press release: “The EU is taking measures to foster the competitiveness of EU producers of generic medicines and biosimilar products. The Council today adopted a regulation which introduces an exception to the […]
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Posted: June 12th, 2019
Interpretation of a patent claim in differentiation from the prior art – Federal Court of Justice, judgment of 27.11.2018, X ZR 16/17 – Scheinwerferbelüftungssystem In its decision, the Federal Court of Justice deals with the interpretation of a patent claim in distinction from the state of the art cited by the patent description. Accordingly, when […]
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Posted: June 6th, 2019
In its decision of 4 June 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed a rejection of an application for a preliminary compulsory license for a cholesterol-lowering drug. It is just the second time that the FCJ had to deal with the questions of a compulsory licence. The first case concerning […]
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Posted: June 4th, 2019
(1) Evalve Inc. (2) Abbot Cardiovascular Systems Inc. (3) Abbot Medical UK Limited v Edwards Lifesciences Limited, Patents Court, London, UK, 3rd May 2019, [2019] EWHC 1158 (Pat) This judgment from Henry Carr J disposed of an interim injunction application by the Claimants (collectively “Abbot”) against the Defendant (“Edwards”). Abbot had alleged infringement of two […]
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Posted: May 31st, 2019
Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V., court of Appeal The Hague, The Netherlands, 28 May 2019, Case no. ECLI:NL:GHDHA:2019:1182 MSS holds EP 2 780 515 entitled ‘Mobile sanitary unit for accommodating at least three sanitary facilities’. The Court of Appeal like the Judge in first instance rules that here is a serious, non […]
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Posted: May 29th, 2019
Research Handbook on Patent Law and Theory, Second Edition, Research Handbooks in Intellectual Property series, Elgar, edited by Toshiko Takenaka From the publisher: “This significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and […]
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Posted: May 28th, 2019
Tata Steel IJmuiden v. ArcelorMittal, Dutch Supreme Court, Opinion Advocate General, 19 April 2019, Case No. ECLI:NL:PHR:2019:510 This case concerns the scope of EP 0044 held by ArcelorMittal and relating to ‘Clad hot-rolled and cold-rolled steel sheet, presenting a very high resistance after thermal treatment’. EP 044 states in the claims that the lower threshold for […]
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Posted: May 21st, 2019
In a recent decision, the Italian Court of Cassation (Cass. Civ. judgement no. 9500 of 4 April 2019) clarified the relationship between patent infringement and patent invalidity proceedings simultaneously pending before different courts under Article 295 of the Italian Code of Civil Procedure (“CCP”). According to Article 295 CCP the judge orders the stay of […]
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Posted: May 21st, 2019
Corning v. Electroson , Court of Appeals of Barcelona, 4 February 2019, Docket No. 223/2018 / Questions regarding consolidation and suspension of proceedings in the case of related actions As clarified by the Court of Appeals of Barcelona in a decision dated 4 February 2019, when two proceedings brought separately by the same plaintiff against […]
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