EPLAW PATENT BLOG

IT – SISVEL and Brau v. TOSHIBA

Posted: March 23rd, 2021

On 14 April 2020, the Court of Appeal of Milan (‘CoA’) delivered its decision (n. 898/2020) in a patent case between S.I.SV.EL. SpA (‘Sisvel’ or the ‘Appellant’) and BRAU VERWALTUNGSGESELLSCHAFT mbH (‘Brau’ or the ‘Appellant’) against TOSHIBA EUROPE GmbH (‘Toshiba’) The patent at issue in this case is the Italian fraction of Brau’s patent n. […]

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NL – ASSIA V. KPN c.s. & NOKIA / APPEAL

Posted: March 18th, 2021

Adaptive Spectrum and Signal Alignment Incorporated v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., 16 March 2021, Case No. 200.272.142/01 On 16 March 2021 the Dutch Court of Appeal of The Hague rendered an early decision in the appeal proceedings between ASSIA, KPN (and […]

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EPO – Enlarged Board of Appeal asked to decide on the admissibility of conducting oral proceedings as videoconference without consent of the parties

Posted: March 17th, 2021

Technical Board of Appeal 3.5.02, decision of March 12, 2021, case T 1807/15 – Oral proceedings in form of a videoconference, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referred question reads as follows: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined […]

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NL – Tomra v. Kiremko / Appeal

Posted: March 15th, 2021

Tomra Sorting Limited v. Kiremko B.V., Court of Appeal of The Hague (PI appeal case), 16 February 2021, Case no. ECLI:NL:GHDHA:2021:339 On 16 February 2021 the Dutch Court of Appeal of The Hague rendered a decision in the PI appeal proceedings between Tomra and Kiremko. The Appeal Court confirms the decision of PI judge Bus […]

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EPO – ENLARGED BOARD OF APPEAL GIVES GUIDANCE ON THE PATENTABILITY OF COMPUTER-IMPLEMENTED SIMULATIONS

Posted: March 10th, 2021

European Patent Office, Enlarged Board of Appeal, G 1/19 – Pedestrian simulation, decision of March 10, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Almost eight months after the oral proceedings, the Enlarged Board of Appeal (EBA) issued its decision in the case pedestrian simulation. The EBA rephrases and limits question 2 and answers the […]

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EU – Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to Copaxone

Posted: March 5th, 2021

From the press release: “The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU […]

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EPLAW – Knowledge seminar – Bayer vs Richter: A support for innovation or a set back for justice?

Posted: February 19th, 2021

Yesterday, EPLAW hosted the third session of its succesful knowledge webinars series. In this webinar an international panel of practitioners moderated by Willem Hoyng (HOYNG ROKH MONEGIER) discussed CJEU’s controversial Bayer (CJEU C-688/17) judgment and its potential impact on patent litigation in Europe. In particular, the following questions were debated: Is Bayer vs Richter a […]

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UK – Ilumina Cambridge Limited v Latvia MGI Tech SIA

Posted: February 16th, 2021

Ilumina Cambridge Limited v Latvia MGI Tech SIA and others, High Court of England and Wales, 20 January 2021, [2021] EWHC 57 (Pat) This was a substantial patent dispute which spanned 12 days in court and involved infringement and validity of 5 patents. The patentee, Illumina, held patents relating to DNA sequencing technology and MGI […]

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BE – Herstal v. Secubit

Posted: February 8th, 2021

FN Herstal v. Secubit Ltd. and Secubit Inc., French-speaking commercial Court of Brussels (injunction proceedings) December 18, 2020 A/19/02292 Proceedings for infringement of patent EP’292 of FN Herstal concerning a device for detecting and counting shots fired from an automatic or semi-automatic firearm, capable of discriminating the “type” of ammunition used. Counterclaim for (partial) nullity […]

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UK – Fisher & Paykel v. Flexicare

Posted: February 2nd, 2021

Fisher & Paykel v Flexicare The Patents Court has handed down judgment upholding Fisher & Paykel (“F&P”)’s patent EP (UK) No. 2 025 359 entitled “Components for breathing circuits” (the “Patent”) as valid and infringed. The judgment also provides useful guidance on the stepwise approach to instructing experts in patent actions. Background The Patent covers […]

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