EPLAW PATENT BLOG

DK – VONIN AND VOLU VENTIS V. MLD / THE DANISH WESTERN HIGH COURT

Posted: October 22nd, 2019

P/F Vonin and Volu Ventis ApS (“Vonin”) v. MLD ApS (“MLD”), the Danish Western High Court (appeal court), case no. B-0067-18, 12 June 2019 The case concerned alleged infringement of Vonin’s Danish utility model DK 2016 00075 U4 and European patent DK/EP 3 183 959, which relate to a trawl door with a flow booster […]

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DE – Teva Pharmaceutical Industries v. Mylan dura

Posted: October 16th, 2019

Regional Court Düsseldorf (docket no. 4c O 22/19) and Higher Regional Court Düsseldorf (docket no. I-2 U 28/19) The Higher Regional Court Düsseldorf recently confirmed on appeal that Teva Pharmaceutical Industries Ltd. (“Teva”) is entitled to a preliminary injunction (“PI”) against Mylan dura GmbH (“Mylan”) in Germany. This PI relates to Mylan’s product CLIFT 40 […]

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DK – TEVA V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (COPAXONE®)

Posted: October 15th, 2019

Teva Pharmaceutical Industries Ltd., and Teva Denmark A/S (“Teva”) v. Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-38788/2018-SHR, 15 March 2019 The case concerns infringement of the patents DK/EP 2 949 335, DK/EP 2 630 962 and DK/EP 3 199 172, which are owned by Yeda Research & Development Company, […]

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ES – Corning v. Huawei / Stay of national proceedings until the issuance of a final decision by the EPO

Posted: October 15th, 2019

Court of Appeals of Barcelona, 29 May 2019, Docket No. 1686/2018 On 29 May 2019, the Court of Appeals of Barcelona handed down a pioneering patent ruling in Spain, according to which, in interpretation of Article 42 of the Spanish Code of Civil Procedure, the national judge has the faculty to declare, in view of […]

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FR – Mermet v. Chavanoz Industrie – The largest ever patent infringement damages award in Europe (€25,000,000) overturned on appeal; patent held invalid for lack of novelty because of a public prior use; no “morning-after pill” available to erase it

Posted: October 14th, 2019

Mermet v. Chavanoz Industrie, cour d’appel de Lyon, 12 September 2019, Docket № 16/06896 By Pierre Véron, Honorary President, EPLAW On 12 September 2019, the cour d’appel de Lyon (court of appeal) overturned a judgment handed down on 8 September 2016 by the tribunal de grande instance de Lyon (court of first instance) which found […]

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CH – Irreparable harm discussion sparks a new debate in Switzerland

Posted: October 11th, 2019

Irreparable harm discussion sparks a new debate in Switzerland, by Simon Holzer and Kilian Schärli, Meyerlustenberger Lachenal Ltd. (MLL) In Switzerland, by tradition, the requirements for showing not easily reparable harm in order to obtain a preliminary injunction in patent matters have never been very high. This may be because in Switzerland ex-parte injunctions are […]

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NL – Novartis v. Teva / everolimus appeal

Posted: October 10th, 2019

Novartis Pharma AG, Novartis International Pharmaceutical AG, Novartis AG v. Teva Nederland B.V., Court of Appeal The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:GHDHA:2019:2648 Novartis holds substance patent EP 0 663 916 relating to everolimus, an immonosuppressant, as well as six divisionals relating to ‘cancer treatment’. Teva holds a Dutch marketing authorisation for […]

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News – Book: A Practitioner’s Guide to European Patent Law

Posted: October 9th, 2019

A Practitioner’s Guide to European Patent Law, For National Practice and the Unified Patent Court, Hart Publishing, 17 October 2019 Written by Paul England (Taylor Wessing), with contributions from Judith Krens (Taylor Wessing), Sara Burghart (Sandoz) and François Pochart (August Debouzy) From the blurb: “Written by a team of lawyers with long-standing experience in patent […]

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News – High-growth technology business conference 2019

Posted: October 8th, 2019

“High-growth technology business conference 2019 – Boosting your strategy with intellectual property” is the first-ever conference to be jointly organised by the European Patent Office and the Licensing Executives Society International (LESI), with support of Enterprise Ireland. The event, which will be held in Dublin on 4-5 November 2019, provides a platform for high-growth technology […]

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EPO – Enlarged Board of Appeal issues reasoned decision on oral proceedings in Haar

Posted: October 1st, 2019

Enlarged Board of Appeal, G 2/19, decision of July 16, 2019, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In its decision T 831/17 of February 25, 2019, Technical Board of Appeal 3.5.03 referred questions to the Enlarged Board of Appeal (EBA) concerning the right to oral proceedings of an appellant who is not party to […]

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