EPLAW PATENT BLOG

EPLAW – Webinar: Proportionality

Posted: October 15th, 2021

Yesterday’s EPLAW webinar discussed the topic of proportionality and final injunctions, it was entitled: Proportionality why not… but are there true alternatives to a final injunction? The session was moderated by Sabine Agé (Hoyng ROKH Monegier, FR). Panellistst were: Domien Op de Beeck – Bird&Bird, BE Ida Gjessing – Gjessing Reimers, NO Ari Laakkonen – […]

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NL – Longhi Trading v. Hanwa Solutions

Posted: October 12th, 2021

Longhi (Netherlands) Trading B.V. v. Hanwa Solutions Corporation, PI Judge District Court Rotterdam, 1 October 2021, Case no. ECLI:NL:RBROT:2021:9551 Proceedings regarding solar panels. Longhi’s solar panels are stored in the Netherlands and distributed worldwide from the Netherlands. A cross border injunction is issued against Longi forbidding Longi to infringe Hanwa’s patents, or to be involved […]

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UK – Optis Cellular v. Apple Retail

Posted: October 7th, 2021

Optis Cellular v Apple Retail [2021] EWHC 2564 (Pat) In a lengthy and complex decision reaching over 80 pages, Mr Justice Meade has given judgment in the latest in a series of trials in the UK’s Patents Court between the claimants (“Optis”) and defendants (“Apple”) concerning Optis’ standard essential patents (SEPs) and the FRAND obligations […]

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NL – Sisvel v. Wiko

Posted: September 24th, 2021

Sisvel International S.A. v. Shenzhen Tinno Mobile Technology Corporation, Wiko SAS et al., interlocutory judgment District Court of The Hague, 21 April 2021, Case No. ECLI:NL:RBDHA:2021:8955 Sisvel holds EP 2 139 272, relating to a ‘Method and system for attaching a mobile equipment to a wireless communication network’. Sisvel reported EP 272 as essential patent […]

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IT – Teva v. Sicor / Bolar exemption

Posted: September 13th, 2021

Introduction With Decision No. 1785 of 8 June 2021, the Court of Appeal of Milan upheld Court of Milan Decision No. 8273 of 24 July 2018 finding Teva Pharmaceutical Industries Ltd. (“Teva”) and its Italian affiliate Sicor Società Italiana Corticosteroidi S.r.l (“Sicor”) liable for patent infringement. The appeal court ruled that the Bolar exemption under […]

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IT – Cappellotto v. Farid / Reasonable Royalties / Supreme Court

Posted: September 11th, 2021

Introduction With Decision No. 5666 of 2 March 2021, the Italian Supreme Court clarified how to apply the reasonable royalty and the gross operating margin (incremental) criteria to calculate damages in patent infringement proceedings under Art. 125 of the Italian Intellectual Property Code (“IPC”), which implements Art. 13 of the Enforcement Directive (Directive 2004/48/EC). Summary […]

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IT – Guidance Court of Milan on risk of irreparable damage required for interlocutory description order

Posted: September 7th, 2021

The Court of Milan provides guidance on the requirement of the risk of irreparable damage for the purpose of granting an interlocutory description order The description order, a remedy available pursuant to Articles 129 and 130 of the Italian Industrial Property Code, is a sui generis preliminary investigation measure. To be granted, the applicant must […]

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DE / UPC – ACT OF APPROVAL OF THE UPC AGREEMENT ENTERED INTO FORCE

Posted: August 16th, 2021

Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal […]

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IT – Astrazeneca v. Teva

Posted: August 14th, 2021

Astrazeneca v. Teva, Court of Milan, 3 December 2020, docket number 7930/2020 Headnote On 3 December 2020, the Court of Milan rejected the claim of infringement of Astrazeneca patent EP 1272195 (“EP’195”) by the generic Fulvestrant of Teva and declared invalid the Italian portion of such patent for lack of inventive step. The decision also […]

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UK – Dr Reddy’s Laboratories and others v. Warner-Lambert

Posted: August 14th, 2021

Dr Reddy’s Laboratories (UK Limited) and others v Warner-Lambert Company LLC and Pfizer Limited This judgment of Zacaroli J is from the first in a series of trials in which various generics companies as well as certain NHS entities (together the “Inquiry Claimants”) are seeking damages under cross undertakings given by Warner-Lambert/Pfizer (the “Inquiry Defendants”). […]

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