EPLAW PATENT BLOG

NL – G.D. Searle v. Sandoz

Posted: January 17th, 2019

G.D. Searle LLC. v. Sandoz B.V., PI Judge District Court the Hague d.d. 8 January 2019, ECLI:NL:RBDHA:2019:72 Searle was the holder of European patent EP 0 810 209 B1 titled “Alpha – and beta-amino acid hydroxyethylamino sulphonamides useful as retroviral protease inhibitors”, which lapsed on 23 August 2013. The claims of this patent define a […]

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DE – AstraZeneca v. Hexal – fulvestrant and 2nd medical use

Posted: January 14th, 2019

AstraZeneca AB vs. Hexal AG, Court of Appeal Düsseldorf, docket no. I-2 U 29/18, with thanks to Cordula Schumacher, ARNOLD RUESS, for sending in the decision and a headnote The Düsseldorf Court of Appeal further specifies how to deal with 2nd medical use claims. The case dealt with the situation that the SmPC of the generic […]

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ES – Mobile World Congress IP Fast Action Protocol 2019

Posted: January 11th, 2019

MOBILE WORLD CONGRESS – INTELLECTUAL PROPERTY FAST ACTION PROTOCOL 2019, by Luis Fernández-Novoa, HOYNG ROKH MONEGIER The Commercial Courts of Barcelona have issued for the fifth consecutive year the Intellectual Property Fast Action Protocol in the framework of the Mobile World Congress (hereinafter MWC). The upcoming edition will be held in Barcelona from 25 to […]

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ES – GRUPO ALVIC FR MOBILIARIO, S.L. v. GRUPO CORNAVIN

Posted: January 11th, 2019

GRUPO ALVIC FR MOBILIARIO, S.L. v. GRUPO CORNAVIN 234 2009, S.L. Court of Appeals, Section 28, Madrid, Spain, 13 July 2018, Case Docket no. 49/2017 Section 28 of the Court of Appeals of Madrid reviews the requirement of sufficient disclosure. GRUPO ALVIC FR MOBILIARIO, S.L. (hereinafter “ALVIC”) filed a patent infringement complaint in October 2013 […]

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CJEU – Abraxis Bioscience LLC v. Comptroller General of Patents / Opinion AG / SPC

Posted: January 7th, 2019

Abraxis Bioscience LLC v. Comptroller General of Patents, Opinion of AG SAUGMANDSGAARD ØE, 13 December 2018, Case C‑443/17 In the light of all the foregoing considerations, I propose that the Court give the following answer to the question referred by the High Court of Justice (England & Wales), Chancery Division (Patents Court), United Kingdom: Article […]

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UK – GSK v. Vectura

Posted: January 7th, 2019

GSK v Vectura, Patents Court, London, UK, 13 December 2018, Case no. [2018] EWHC 3414 (Pat) This judgment is the first instance decision of Arnold J, dealing with GSK’s claim for revocation of five of Vectura’s patents and Vectura’s counterclaim for infringement by GSK’s dry powder inhaler products for the treatment of asthma and chronic […]

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DE – PI proceedings in Germany: Equality of arms and hearing the respondent

Posted: December 20th, 2018

Preliminary injunction proceedings in Germany: Equality of arms and hearing the respondent – German Federal Constitutional Court, orders dated September 30, 2018, 1 BvR 1783/17, 1 BvR 2421/17, reported by Armin Schwitulla, Daniel Seitz and Simon Schopper, Bardehle Pagenberg The decisions of the Federal Constitutional Court relate to the involvement of the respondent in preliminary […]

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NL – Boehringer Ingelheim v. Teva / Tiotropium Appeal

Posted: December 18th, 2018

Boehringer Ingelheim Pharma GmbH & Co. KG v. Teva Pharmaceuticals Europe B.V, Court of Appeal The Hague, The Netherlands, Case no. 200.208.036/Ol, with thanks to Otto Swens and Nadine Reijnders, Vondst, for sending in the case The Court of Appeal confirms the first instance judgment that amended claims 6 up to an including 8 lack […]

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ES – Megaplast v. Ecoventi / Barcelona Court of Appeals

Posted: December 14th, 2018

Megaplast v. Ecoventi / Barcelona Court of Appeals, 14 May 2018, Docket No. 322/2018 In a decision rendered on 14 May 2018, the Barcelona Court of Appeals upheld a judgment dated 22 September 2016 by Barcelona Commercial Court No. 1, according to which ECOVENTI SISTEMAS S.L. (hereinafter, ECOVENTI) was held responsible for the infringement of […]

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EU – General Court partially annuls EC’s decision on restrictive agreements and abuse of dominant positionon the market for perindopril

Posted: December 13th, 2018

Judgments in Cases T-677/14 Biogaran v. Commission, T-679/14 Teva UK and Others v. Commission, T680/14 Lupin v. Commission, T-682/14 Mylan Laboratories and Mylan v. Commission, T-684/14 Krka v. Commission, T-701/14 Niche Generics v. Commission, T-705/14 Unichem Laboratories v. Commission, T-691/14 Servier and Others v. Commission, General Court of the European Union, Luxembourg, 12 December 2018 […]

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