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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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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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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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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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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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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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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Posted: August 14th, 2021
Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]
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Posted: August 11th, 2021
A Ward Attachments Limited v. Fabcon Engineering Limited, 29 July 2021, Case No. [2021] EWHC 2145 (IPEC) In this judgment HHJ Melissa Clarke, sitting as a Judge of the High Court considered validity and infringement arguments relating to two of Ward’s patents (a Parent and Divisional) for “freight container tilting apparatus”. The Parent patent was […]
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Posted: July 30th, 2021
Promptu Systems Corporation V Sky UK Limited and Others, 19 July 2021, Case No. [2021] EWHC 2021 (Pat) In this judgment, the English High Court held that Promptu’s patent, EP(UK) 1 290 889, lacked inventive step and therefore dismissed Promptu’s claim for infringement against the defendants (together, “Sky”). Background Promptu had asserted the patent against […]
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