EPLAW PATENT BLOG

ES – Corning v. Huawei / Appeal

Posted: January 12th, 2021

Corning v. Huawei / Court of Appeals of Barcelona, 16 October 2020, Docket No. 1686/2018 / Effects of a patent limitation at the EPO in appeal Court proceedings On 16 October 2020, the Court of Appeals of Barcelona issued a ruling exhaustively addressing the effects on national appeal Court proceedings of a patent limitation agreed […]

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UK – OnePlus v. Mitsubishi

Posted: December 24th, 2020

Oneplus Technology (Shenzhen) Co Ltd and others v Mitsubishi Electric Corporation and another [2020] EWCA Civ 1562 (19 November 2020) In this judgment of the Court of Appeal (Floyd LJ giving the main judgment, and Males LJ giving a short second judgment in agreement) upheld the decision of the first instance judge, Sir Alastair Norris, […]

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EPLAW – General Assembly and Congress 2020

Posted: December 7th, 2020

Last Friday, EPLAW held its General Assembly and Congress. It was an online event, due to the lasting Corona crisis. After the General Assembly, including (re)election of Board Members, it was time for the Congress. First topic to be discussed was ‘Arbitrating Patent Disputes’. Panellists Annet van Hooft (Counsel for the ICC International Court of […]

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EPLAW – Webinar: Resolving global FRAND/SEP disputes before national courts

Posted: December 3rd, 2020

Today, EPLAW hosted its second knowledge webinar, that focussed on FRAND/SEP disputes The panel, consisting of Christopher Floyd (Court of Appeal of England and Wales), Peter Meier-Beck (Federal Court of Justice, Germany), Rian Kalden (Court of Appeal, the Netherlands) and Cordula Schumacher (Arnold Ruess) discussed various topics guided by moderator Myles Jelf (Bristows). Topics included […]

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NL – MERCK SHARP & DOHME v. WYETH

Posted: November 25th, 2020

Merck Sharp & Dohme Corp. v. Wyeth LLC, District Court The Hague, The Netherlands, 11 November 2020, Case No. ECLI:NL:RBDHA:2020:11386 Wyeth holds EP 2 676 679, relating to “Formulations which stabilize and inhibit precipitation of immunogenic compositions”. MSD seeks to revoke EP ‘679 and succeeds. The Court rules that there is added matter that could […]

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NL – Sisvel v. Xiaomi

Posted: November 12th, 2020

Sisvel International S.A. v. Xiaomi Corporation et al. District Court The Hague, 4 November 2020, Case no. ECLI:NL:RBDHA:2020:11108 The Sisvel group controls an extensive patent portfolio in the field of wireless communications. Sisvel accuses Xiaomi of infringing on one of the managed (LTE standard essential) patents, namely EP 272, by trading in mobile phones that […]

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EPO – Priorities from US provisionals – All applicants approach confirmed

Posted: November 6th, 2020

European Patent Office, Technical Board of Appeal 3.3.08, case T 844/18 – CRISPR-Cas/BROAD INSTITUTE In the beginning of this year, the decision of Technical Board of Appeal 3.3.08 of January 16, 2020 was reported, confirming the consistent practice of the EPO applying the „all applicants“ approach, meaning that the applicant of a European patent claiming […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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UK – Conversant v Huawei / Appeal / Added matter

Posted: October 20th, 2020

Conversant v. Huawei – UK Court of Appeal finds patent invalid for added matter This was an appeal from a decision of one of the two technical trials in the FRAND dispute between Conversant and Huawei playing out in the Courts of the UK, Germany and China. The patent in suit was European Patent (UK) […]

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NL – MENZIS ET AL. V. ASTRAZENECA ET AL.

Posted: October 16th, 2020

Menzis Zorgverzekeraar N.V. and AnderZorg N.V. v. AstraZeneca B.V. and AstraZeneca AB, District Court The Hague 14 October 2020, Case no. C/09/541261 / HA-ZA 17-1084 On the 14th of October 2020 the Dutch District Court of The Hague has issued a noteworthy and ground breaking interlocutory judgment in the case of health insurance company Menzis […]

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