NL – Sun v. Novartis / Supreme Court

Posted: April 19th, 2017

Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Supreme Court of the Netherlands, 14 April 2017, Case No. ECLI:NL:HR:2017:692 Preliminary injunction proceedings. Patent for second medical indication. Swiss-type claim. If priority is invoked, it should be investigated whether the priority document viewed in its entirety directly and unambiguously discloses the claimed invention to the man […]


BE – Nouvag / Malak – a costly second try at invalidity

Posted: April 14th, 2017

On 3 April 2017, the Mons court of appeal issued a judgment in a patent revocation action between Nouvag and Dr. Jean Malak (Docket nr. 2016/RG/263). The judgment, the latest in a series of decisions in relation to Dr. Malak’s patent nr. EP 0971754 for a liposuction apparatus, includes interesting considerations on res judicata and […]


News – new IP Journal launched

Posted: April 13th, 2017

Saahil Dama and Devvrat Joshi announce the launch of a new journal on IP law, Journal of Intellectual Property Studies “It is with immense pride that we are announcing the launch the inaugural issue of the Journal of Intellectual Property Studies, which can be accessed on our website – https://journalofipstudies.org/. In the first issue, we have […]


NL – Sun v. Novartis

Posted: April 11th, 2017

Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Novartis Pharma GmbH, District Court The Hague, 5 April 2017, Case No. ECLI:NL:RBDHA:2017:3430 The 5 April decision is the final decision in first instance. A previous interim decision was rendered on 25 November 2015 and was published on this blog here. Sun sued Novartis in main proceedings claiming […]


UK – Unwired Planet v. Huawei / FRAND

Posted: April 6th, 2017

Unwired Planet International, Huawei Technologies Co. Ltd and Huawei Technologies UK Co. Ltd v. Unwired Planet LLC, High Court of Justice, London, UK, 5 April 2017, [2017] EWHC 711 (Pat) 806. In summary, my conclusions on the law are: (1) As a matter of French law the FRAND undertaking to ETSI is a legally enforceable […]


UK – Stretchline Intellectual Properties v. H&M (Hennes & Mauritz)

Posted: April 6th, 2017

Stretchline Intellectual Properties Limited v. H&M (Hennes & Mauritz) Limited, UK, Court of Appeal, McCombe and Floyd LLJ, 30 March 2017 To what extent should the claims of a patent be construed so as to make a patent valid over the prior art? That was the critical question at the heart of H&M’s appeal from […]


UK – Fujifilm Kyowa Kirin Biologics v. AbbVie

Posted: April 3rd, 2017

Fujifilm Kyowa Kirin Biologics Co., Ltd (1) Samsung Bioepis UK Limited, (2) Biogen Idec Limited v AbbVie Biotechnology Limited, High Court of England and Wales, (Henry Carr J), London, UK, 3 March 2017, Neutral Citation Number: [2017] EWHC 395 (Pat) In this judgment, Henry Carr J granted Fujifilm Kyowa Biologics (FKB) and Samsung Bioepis/Biogen Idec […]


NL – Philips v. Wiko, Archos, Asustek

Posted: March 29th, 2017

Koninklijke Philips NV v. Wiko SAS, Case no. ECLI:NL:RBDHA:2017:2719, Koninklijke Philips NV v. Archos S.A., Case no. ECLI:NL:RBDHA:2017:2720, Koninklijke Philips NV v. Asustek Computer Inc., Asus Europe B.V. and Asus Holland B.V., Case no. ECLI:NL:RBDHA:2017:2721, District Court The Hague, 22 March 2017 The present dispute concerns an alleged infringement of the rights of Koninklijke Philips […]


EPO – Exercise of the right of priority by the successor in title – requirements of a valid transfer

Posted: March 28th, 2017

European Patent Office, Technical Board of Appeal 3.2.05, T 577/11, decision of April 14, 2016, not to be published in OJ EPO – Entitlement to priority Headnotes 1 and 2 of the reported decision deal with the procedural aspect of admitting new submissions in second oral proceedings, headnotes 3 and 4 read as follows: 3. […]


UK – Epoch Company Limited v. Character Options Limited

Posted: March 27th, 2017

Epoch Company Limited v Character Options Limited, UK, Intellectual Property Enterprise Court, Hacon HHJ, 22 March 2017 This case concerned a UK patent directed to a toy comprising transparent decorative beads made of water soluble resin. In use such beads are arranged on a tray in a desired pattern. Water is then sprayed on the […]