EPLAW PATENT BLOG

News – Research Handbook on the Economics of Intellectual Property Law

Posted: August 22nd, 2019

Elgar has published a new book on the economics of Intellectual Property Law.  From the blurb: “Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis […]

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UPC – Germany: No ratification of UPCA until consequences Brexit are known

Posted: August 19th, 2019

From the response of the German Federal Government to questions asked earlier by Parliament, it can be derived that Germany does not intend to ratify the UPC Agreement, until the consequences of Brexit are known. Response of the Federal Government (unofficial translation) The issue of the United Kingdom leaving the European Union (so-called Brexit) and […]

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NL – Sisvel v. Xiaomi

Posted: August 16th, 2019

Sisvel International S.A. v. Xiaomi Corporation, Xiaomi H.K. Limited and others, District Court The Hague, Interlocutory Proceedings, 1 August 2019, Case No. ECLI:NL:RBDHA:2019:7959 Standard Essential Patents. FRAND. Sisvel is the mother company of the Sisvel group. Sisvel manages IP rights, amongst which its own patents and patents of third parties in the field of i.a. […]

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NL – Novartis v. Teva

Posted: August 8th, 2019

Novartis Pharma A.G., Novartis Pharmaceutical AG and Novartis AG v. TEVA Nederland B.V., District Court The Hague, The Netherlands, Judge in Interlocutory Proceedings, 5 July 2019, Case No. ECLI:NL:RBDHA:2019:7792 Teva holds a Dutch marketing authorization for the generic version of everolimus, named Everolimus Teva. In the SmPC and and the Patient Information Leaflet of Everolimus […]

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NL – X AG and Biogen v. Celltrion

Posted: August 8th, 2019

X AG, Biogen Inc. and Genentech Inc. v. Celltrion Inc., Court of Appeal The Hague, The Netherlands, 30 July 2019, Case No. Zoekresultaat – inzien document ECLI:NL:GHDHA:2019:1962 Biopharmaceutical company Celltrion developed a biosimilar of a chimeric monoclonal antibody, named ‘rituximab’, that according to Celltrion is bio-equivalent to X AG’s antibody. Celltrion obtained a marketing authorization […]

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UK – APPLICATION TO STAY UK PATENT INFRINGEMENT PROCEEDINGS PENDING EPO OPPOSITION REFUSED

Posted: August 7th, 2019

Coloplast A/S v Salts Healthcare Limited, UK Patents Court , 3 July 2019 Coloplast is the proprietor of a patent entitled “comfort layer for a collecting bag” relating to collecting bags (ostomy products for human waste). Coloplast claims their patent is infringed by Salts’ “Confidence BE” range of ostomy bags in the UK – initially […]

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UK – IPEC REVOKES TWO PATENTS RELATING TO PLASTIC PACKAGING

Posted: August 5th, 2019

Quinn Packaging Limited v Linpac Packing Limited & R.Faerch Plast A/S [2019] EWHC 2119 (IPEC) Quinn Packaging Limited (Quinn) sought to revoke two patents owned by Linpac Packaging Limited (Linpac) and R.Faerch Plast A/S (Faerch) relating to transparent trays with lids for the storage of fruit, fish or meat. Hacon HHJ held that both patents […]

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UK – COURT OF APPEAL RULES THAT RAND TRIAL SHOULD NOT GO AHEAD AFTER IMPLEMENTER WAIVES RIGHT TO ENFORCE SEP HOLDER’S OBLIGATION TO OFFER LICENCE ON RAND TERMS

Posted: July 31st, 2019

TQ Delta, LLC v ZyXEL Communications UK Ltd & others [2019] EWCA Civ 1277 The Court of Appeal has ruled that a non-technical RAND trial to determine what licence terms are reasonable and non-discriminatory (RAND) with regard to a portfolio of standard essential DSL technology patents should not go ahead. This overturned a High Court […]

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UK – Takeda v. Roche

Posted: July 30th, 2019

Takeda UK Limited v F. Hoffman-La Roche AG, High Court of Justice, Patents Court, London, UK, 17 July 2019, [2019] EWHC 1911 (Pat) This judgment of Birss J concerns a patent relating to “Glycosylated Antibodies” (the “Patent”). The Claimant (“Takeda”) had brought a claim for revocation of the Patent. The Defendant patentee (“Roche”) had counterclaimed […]

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DE – sufficiency of disclosure before the German Courts and the EPO: (still) no harmonization

Posted: July 23rd, 2019

Art 83 EPC (= sufficiency of disclosure) before the German Courts and the EPO: (still) no harmonization, by Dr. Hans-Peter Felgenhauer (Former Technical Member of the Boards of Appeal) and Dr. Tobias Wuttke (Meissner Bolte) In the recently published decision of the German Supreme Court dated 8 January 2019 (docket no. X ZR 58/17), it was […]

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