Posted: March 23rd, 2021
On 14 April 2020, the Court of Appeal of Milan (‘CoA’) delivered its decision (n. 898/2020) in a patent case between S.I.SV.EL. SpA (‘Sisvel’ or the ‘Appellant’) and BRAU VERWALTUNGSGESELLSCHAFT mbH (‘Brau’ or the ‘Appellant’) against TOSHIBA EUROPE GmbH (‘Toshiba’) The patent at issue in this case is the Italian fraction of Brau’s patent n. […]
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Posted: March 18th, 2021
Adaptive Spectrum and Signal Alignment Incorporated v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., 16 March 2021, Case No. 200.272.142/01 On 16 March 2021 the Dutch Court of Appeal of The Hague rendered an early decision in the appeal proceedings between ASSIA, KPN (and […]
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Posted: March 17th, 2021
Technical Board of Appeal 3.5.02, decision of March 12, 2021, case T 1807/15 – Oral proceedings in form of a videoconference, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referred question reads as follows: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined […]
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Posted: March 15th, 2021
Tomra Sorting Limited v. Kiremko B.V., Court of Appeal of The Hague (PI appeal case), 16 February 2021, Case no. ECLI:NL:GHDHA:2021:339 On 16 February 2021 the Dutch Court of Appeal of The Hague rendered a decision in the PI appeal proceedings between Tomra and Kiremko. The Appeal Court confirms the decision of PI judge Bus […]
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Posted: March 10th, 2021
European Patent Office, Enlarged Board of Appeal, G 1/19 – Pedestrian simulation, decision of March 10, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Almost eight months after the oral proceedings, the Enlarged Board of Appeal (EBA) issued its decision in the case pedestrian simulation. The EBA rephrases and limits question 2 and answers the […]
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Posted: March 5th, 2021
From the press release: “The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU […]
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Posted: February 19th, 2021
Yesterday, EPLAW hosted the third session of its succesful knowledge webinars series. In this webinar an international panel of practitioners moderated by Willem Hoyng (HOYNG ROKH MONEGIER) discussed CJEU’s controversial Bayer (CJEU C-688/17) judgment and its potential impact on patent litigation in Europe. In particular, the following questions were debated: Is Bayer vs Richter a […]
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Posted: February 16th, 2021
Ilumina Cambridge Limited v Latvia MGI Tech SIA and others, High Court of England and Wales, 20 January 2021, [2021] EWHC 57 (Pat) This was a substantial patent dispute which spanned 12 days in court and involved infringement and validity of 5 patents. The patentee, Illumina, held patents relating to DNA sequencing technology and MGI […]
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Posted: February 8th, 2021
FN Herstal v. Secubit Ltd. and Secubit Inc., French-speaking commercial Court of Brussels (injunction proceedings) December 18, 2020 A/19/02292 Proceedings for infringement of patent EP’292 of FN Herstal concerning a device for detecting and counting shots fired from an automatic or semi-automatic firearm, capable of discriminating the “type” of ammunition used. Counterclaim for (partial) nullity […]
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Posted: February 2nd, 2021
Fisher & Paykel v Flexicare The Patents Court has handed down judgment upholding Fisher & Paykel (“F&P”)’s patent EP (UK) No. 2 025 359 entitled “Components for breathing circuits” (the “Patent”) as valid and infringed. The judgment also provides useful guidance on the stepwise approach to instructing experts in patent actions. Background The Patent covers […]
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