EPLAW PATENT BLOG

UK – L’Oréal v. RN Ventures

Posted: February 16th, 2018

L’Oréal SA and L’Oréal (UK) Ltd v RN Ventures Ltd, UK Patents Court, 5 February 2018, Carr J This case concerned the alleged infringement of L’Oréal’s EP (UK) 1 722 699 B1 and two registered community designs. The defendant sold a range of “Magnitone” electronic facial skin care devices. The case was heard under the […]

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ES – Gilead v. Teva & Mylan / Tenofovir + Emtricitabine / Interim injunction opposition

Posted: February 7th, 2018

Gilead Biopharmaceutics Ireland UC., Gilead Sciences, S.L.U., Gilead Sciences Ireland UC., Gilead Sciences, Inc. v. Teva Pharma, S.L.U, Mylan Pharmaceuticals, S.L., Mylan S.A.S., Barcelona Commercial Court No. 4, 20 October 2017, Docket No. 190/2017 – 197/17 In its decision of 20 October 2017, Barcelona Commercial Court No. 4 reversed its previous rulings pursuant to which […]

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ES – ZHENSHI GROUP & JUSHI GROUP v OCV INTELLECTUAL CAPITAL / Selection invention

Posted: February 7th, 2018

Zhenshi Group Hengshi Fiberglass Fabrics Co., LTD & Jushi Group Co., LT v. OCV Intellectual Capital, LLC., Commercial Court of Barcelona N.º 5, Spain, 12 September 2017, Case number: 433/2015 The Commercial Court of Barcelona n.º 5 has handed down its decision in a patent nullity case regarding patent ES 2.1405.941 T9, Spanish part of […]

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DE – Federal Supreme Court ‘Drum Unit’

Posted: February 5th, 2018

Judgment of the Federal Supreme Court, Germany, 24 October 2017, docket no. X ZR 55/16, ‘Drum Unit’ With its milestone ‘Drum Unit’decision, the German Federal Supreme Court revisits its case law on the exhaustion of patent rights, and in particular, on the delimitation of ‘permissible use’ on the one hand and the ‘unlawful (re-)making’ of […]

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UK – Hospira v. Cubist / Appeal

Posted: February 5th, 2018

Hospira UK Limited v Cubist Pharmaceuticals LLC, Court of Appeal, London, UK, 18 January 2018, [2018] EWCA Civ 12 This is a judgment from an appeal by Cubist Pharmaceuticals LLC (“Cubist”) in which a two-judge panel (Lewison LJ and Kitchin LJ) upheld Henry Carr J’s first instance decision, that Cubist’s patent EP (UK) 2,264,047 (“the […]

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UK – Sandoz v. G.D. Searle / Appeal

Posted: February 2nd, 2018

Sandoz Limited and Hexal AG v G.D. Searle LLC and Janssen Sciences Ireland UC, Court of Appeal (Civil Division), Lord Justice Floyd, London UK, 25 January 2018, [2018] EWCA Civ 49 On 25 January 2018, the UK Court of Appeal handed down its decision in Sandoz v G.D. Searle. Floyd LJ, giving the leading judgment, […]

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EPO – Principle of partial priorities applied to the assessment of what is the first application from which priority can be claimed

Posted: January 24th, 2018

EPO, Technical Board of Appeal 3.3.07, decision of November 9, 2017 in case T 282/17 – Coated tablets/JOHNSON & JOHNSON In its decision G 1/15 (OJ EPO 2017, A82), the Enlarged Board of Appeal of the EPO had decided that a generically defined claim may enjoy partial priority from a first application disclosing an alternative […]

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NL – Tata Steel v. Arcelormittal / Appeal

Posted: January 18th, 2018

Tata Steel IJmuiden B.V. v. ArcelorMittal France, Court of Appeal The Hague, The Netherlands, 19 December 2017, Case no. CLI:NL:GHDHA:2017:3951 Tata Steel appealed the earlier judgment between parties (a copy can be found here). In the first instance judgment, it was ruled that Tata Steel has a legitimate interest in a negative declaratory judgment -even […]

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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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