EPLAW PATENT BLOG

DK – SANGENIC V. LAMICO / DIAPER PAIL REFILLS

Posted: December 4th, 2019

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court Case number BS-287/2015-SHR, 4 October […]

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UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: December 3rd, 2019

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]

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News – Save the date: EPLAW Congress 2020

Posted: December 2nd, 2019

The next EPLAW Congress shall be held in Brussels on 27 November 2020.  The EPLAW Congress will be preceded by a conference on SEPs and FRAND on 26 November. EPLAW members will receive further information in due course.

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News – Save the date: Young EPLAW 2020

Posted: November 29th, 2019

The 2020 edition of the Young EPLAW Moot Court and Congress shall take place on 5 and 6 April in Brussels. The Young EPLAW congress is intended for the EPLAW members’ associates aged 36 and less. More details on these various events follows in due course.

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NL – Coloplast v. Hollister / No Cassation

Posted: November 27th, 2019

Coloplast A/S v. Medical4You, Supreme Court of the Netherlands, 22 November 2019, Case No. ECLI:NL:HR:2019:1833 Coloplast holds European patent EP 1 145 729 with regard to a ready-to-use urinary catheter assembly. On appeal, the patent -while using the problem/solution and could/would approach- was revoked due to lack of inventive step. Coloplast now appeals to the […]

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NL – VG Colours v. HE Licenties and Hanson Uitgevers

Posted: November 22nd, 2019

VG Colours B.V. vs. HE Licenties B.V. and Hanson Uitgevers B.V., Provisions Judge of the District Court of The Hague, The Netherlands, 11 October 2019, ECLI:NL:RBDHA:2019:11479 Hanson Uitgevers B.V. is the owner of Dutch national patent NL 1040904 (”NL 904”) entitled ”Substance introduction method for plant and plant obtained therewith”, HE Licenties B.V. holds an […]

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NL – Tomra Sorting Limited v. Kiremko

Posted: November 21st, 2019

Tomra Sorting Limited v. Kiremko, District Court The Hague, 15 November 2019, Case no. ECLI:NL:RBDHA:2019:12109 Infringement proceedings instigated by patent holder Tomra. The Judge holds that there is a serious, non negligible chance that the patent will be revoked in proceedings on the merits, as prior art GB 119 implicitly, but clearly and unambiguously discloses […]

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EPO – New edition Guidelines for Search and Examination at the EPO

Posted: November 18th, 2019

The Guidelines for Search and Examination at the EPO as PCT Authority give instructions on the practice and procedure to be followed in various aspects of the handling of international applications before the EPO as International Searching Authority and International Preliminary Examining Authority. They apply as from 1 November 2019. The Guidelines can be found […]

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NL – Gilead vs. Dutch Patent Office – SPC tenofovir / emtricitabine

Posted: November 13th, 2019

Gilead vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The Hague 30 October 2019 Introduction The plaintiff in this matter, Gilead Sciences Inc. (“Gilead”), markets a medicinal product under the name Truvada. As many European patent practitioners will know, this product consists of a combination of the active ingredients tenofovir dispoproxil and emtricitabine. […]

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EU – EP Paper: CJEU case law does not expressly exclude the possibility to allow a non -EU Member State to form part of the UPCA

Posted: November 8th, 2019

EU Patent and Brexit, In-Depth Analysis, Requested by the JURI committee, November 2019 A paper requested by the European Parliament’s Committee on Legal Affairs and commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs, concludes amongst other things that CJEU case law does not expressly exclude the possibility to allow […]

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