EPLAW PATENT BLOG

NL – CDVI v. Impro / Appeal

Posted: September 24th, 2020

CDVI v. Impro, Court of Appeal of The Hague, the Netherlands, 23 June 2020, ECLI:NL:GHDHA:2020:1622 Facts Construction Diffusion Vente Internationale SA (“CDVI”) is a global supplier of access systems and electronic locks. Access & Beyond B.V., formerly Impro Technologies Europe B.V. (“Impro”), is a distributor of Impro branded products such as security equipment and systems […]

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FR – Eli Lilly v. Fresenius Kabi

Posted: September 23rd, 2020

Eli Lilly and Company and Lilly France v. Fresenius Kabi France and Fresenius Kabi Groupe France, Judiciary Court of Paris, France, 11 September 2020 The Court declares that Lilly’s Pemetrexed patent (EP 1 313 508) is valid and issues an injunction against Fresenius Kabi. A copy of the decision (in English) can be read here.

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DE – Divisional Game

Posted: September 14th, 2020

The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law. The bottom line of this decision […]

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NL – Biogen v. Richter Gedeon

Posted: September 10th, 2020

Joined cases: Biogen B.V. and Samsung Bioepis UK Limited v. Richter Gedeon NYRT and Richter Gedeon NYRT v. Biogen Netherlands B.V. and Samsung Bioepis B.V., District Court The Hague, 29 July 2020, ECLI:NL:RBDHA:2020:7089 Richter is the holder of EP 3 212 667 B1 (“EP 667”) which claims a pharmaceutical formulation which is free of a […]

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News – Book: The Protection of Intellectual Property Rights Under International Investment Law

Posted: September 8th, 2020

The Protection of Intellectual Property Rights Under International Investment Law, Simon Klopschinski, Christopher Gibson, and Henning Grosse Ruse-Khan, Oxford International Arbitration Series From the blurb: The first comprehensive monograph on the protection ofIP under international investment law Clear analysis of the treaty framework and applicable case law to answers practical questions on the resolution and […]

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News – Book: A Commentary on the TRIPS Agreement / new edition

Posted: August 31st, 2020

The Second Edition of the book ‘Trade Related Aspects of Intellectual Property Rights, A Commentary on the TRIPS Agreement’,  is now available Author: Carlos Maria Correa For more information, please click here.

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EU – Commission to register ‘Right to Cure’ initiative

Posted: August 22nd, 2020

European Citizens’ Initiative: Commission decides to register ‘Right to Cure’ initiative “Today, the European Commission decided to register a European Citizens’ Initiative (ECI) entitled ‘Right to Cure’. The organisers of the ECI call on the Union ‘to put public health before private profit [and] make anti-pandemic vaccines and treatments a global public good, freely accessible […]

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DE – “Bausatz” / The direct and unambiguous differences in comparison to standing EPO practice

Posted: August 6th, 2020

The recent decision “Bausatz” of the German Federal Supreme Court dated February 13, 2020 (docket no. X ZR 6/18) is noteworthy for the clear illustration of the criteria the German Federal Supreme Court applies to the assessment of inadmissible extensions. The Federal Supreme Court’s general approach is partially in contrast to the practice pursued by […]

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DE / UPC – Will Germany ratify the Unified Patent Court system soon?

Posted: July 21st, 2020

The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force? By Tilman Müller-Stoy and Rudolf Teschemacher, Bardehle Pagenberg The history of the Unitary Patent and the Unified Patent Court project has been full of surprises with it taking a new course in February 2020 on […]

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CJEU – Santen / SPC / Comment

Posted: July 17th, 2020

Santen – Clear Judgment by the Court of Justice of the European Union, by Tobias Wuttke Dr. Tobias Popp, Meissner Bolte The recently published judgement of the Court of Justice of the European Union (“CJEU”) dated 9 July 2020 (C-673/18 – Santen) does not merely concern supplementary protection certificates (“SPCs”), which can extend the term […]

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