EPO – Appeal proceedings – Scope of discretion to disregard late submissions

Posted: October 19th, 2018

EPO, Technical Board of Appeal 3.2.05, decision of June 13, 2018 in case T 1914/12 The patent in suit directed to a method of adhesive bonding had been revoked on the grounds of lack of inventive step starting from document D51 as closest prior art in combination with document D3. In appeal proceedings, the proprietor […]


NL – Samsung v. Yorcom Computers et al.

Posted: October 18th, 2018

Samsung Electronics Co Ltd v. Yorcom Computers B.V., Maxperian NL B.V. and Digital Revolution B.V. (joined cases), District Court The Hague, The Netherlands, 17 October 2018, Case no. ECLI:NL:RBDHA:2018:12290 Samsung holds EP 327, EP 559 en EP 701 relating to ink cartridges and sues Maxperian, Digital Revolution and Yorcom for patent infringement. Yorcom et al […]


EPO – New version Guidelines for Examination (2018)

Posted: October 18th, 2018

The Guidelines for Examination 2018 (in English), including an index dedicated to computer-implemented inventions and a full list of amended sections, are now available online for preview. They enter into force on 1 November 2018.


UK – Chugai Pharmaceutical v. UCB & Celltech

Posted: October 12th, 2018

Chugai Pharmaceutical v UCB & Celltech [2018] EWHC 2264 (Pat) In his judgment of 24 August 2018 Birss J held that Chugai was not required to pay royalties to UCB in relation to their immunosuppressive drug tocilizumab, marketed as Actemra. The case concerned a worldwide licence granted by the First Defendant, UCB, to the Claimant, […]


DE – Merck Sharp & Dohme Corp. v. ratiopharm – Ezetimibe/Simvastatin

Posted: October 9th, 2018

Merck Sharp & Dohme Corp. vs. ratiopharm GmbH et al., District Court of Düsseldorf, 1 October 2018, docket no. 4b O 39/18 – Ezetimibe/Simvastatin The Düsseldorf District Court recently overturned several preliminary injunctions (“PIs”) that it had initially granted ex parte against generic companies, including ratiopharm GmbH. The case concerns the German supplementary protection certificate […]


UPC – reply to Max Planck impact study of Brexit on the Unitary Patent Protection and its Court

Posted: October 8th, 2018

Reply to the studies on “The Impact of Brexit on Unitary Patent Protection and its Court” by Hans Ullrich and Matthias Lamping An anonymous writer, writing under the pseudonym Atticus Finch, has delivered a detailed reply to the study of Messrs. Matthias Lamping and Hans Ullrich, research fellows of the Max Planck Institute, “The Impact of Brexit […]


CJEU – Opinion AG / Staat der Nederlanden v. Warner Lambert / SPC / Carve out

Posted: October 5th, 2018

Opinion of Advocate General Kokott, 4 October 2018, Case C‑423/17, Staat der Nederlanden v. Warner-Lambert Company LLC A communication whereby the marketing authorisation applicant or holder for a generic medicine, notifies the authority that he is not including in the summary of product characteristics and the package leaflet, those parts of the summary of product […]


DE – Schutzverkleidung für funktechnische Anlagen / prior use

Posted: September 26th, 2018

The right of prior use of a manufacturing supplier: Can a merely indirect act of prior use legitimize a direct act of use? “Schutzverkleidung für funktechnische Anlagen” – Higher Regional Court of Düsseldorf, 14 March 2018, docket no. I-15 U 49/16 According to the Higher Regional Court of Düsseldorf, a supplier who supplied all components […]


DE – Improved analysis and measurement methods

Posted: September 25th, 2018

LG Düsseldorf, Improved analysis and measurement methods, judgment of 12.07.2018, 4a O 36/17 (not yet published) The Regional Court in Düsseldorf had to decide on a peculiar case. It is common in German Patent law, that the knowledge of an average specialist at the time of the filing date/priority date is decisive for claim construction. […]


NL – Dutch Patent Office v. Bayer

Posted: September 24th, 2018

Dutch Patent Office v. Bayer Schering Pharma Aktiengesellschaft, Administrative Jurisdiction Division of the Council of State, 19 September 2018, Case No.  ECLI:NL:RVS:2018:3058 The Dutch Patent Office earlier rejected Bayer’s SPC application for a multi phase birth control pill (Qlaira) based on natural estrogens estradiol valerate and dienogest. The Dutch Patent Office rejected the SPC application, […]