EPLAW PATENT BLOG

IT – Court of Appeal decision touches on filing new prior art documents / generic decision for damage compensation

Posted: February 3rd, 2023

Introduction The Court of Appeal of Milan, through its decision published on 16 January 2023, addressed: (a) the possibility of filing new prior art documents at first instance – after the court-appointed expert (“CAE”) completes his/her assignment – and on appeal; and (b) the requirements for a court to issue a decision finding damages liability […]

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NL – Advanced Bionics v. Med-El

Posted: January 26th, 2023

Advanced Bionics Benelux B.V. v. Med-El Elektomedizinische Geräte GmbH, Disctrict Court The Hague, The Netherlands, 18 January 2023, Case no. ECLI:NL:RBDHA:2023:212 Declaration of non infringement. Advanced Bionics and Med-El are companies in the hearing technology industry that develop, manufacture, and distribute implantable hearing systems, including cochlear implant systems. Med-El holds a patent (EP605) which Advanced […]

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IT – Claims limitation of a granted patent in PI proceedings

Posted: December 19th, 2022

Introduction With Decision of 29 November 2021, the Court of Milan addressed the issue of the admissibility under Italian law of claims limitation of a granted patent in preliminary injunction (“PI”) proceedings. The relevant provision is Article 79 of the Italian Intellectual Property Code (“IPC”), pursuant to which a patent can be limited in three […]

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CJEU – Mylan v. Gilead / referral C-473/22 / Enforcement Directive

Posted: November 30th, 2022

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive) From the report of the Dutch Ministry of Foreign Affairs: “On 03-12-2009, the National Patent and Registration Office issued the Supplementary Protection Certificate No. 266 in Finland on the basis of the […]

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NL – Pharmathen v. Novartis / Appeal

Posted: November 25th, 2022

Pharmathen Global B.V. v. Novartis A.G., Court of Appeal The Hague, The Netherlands, 15 November 2022, Case no. ECLI:NL:GHDHA:2022:2327 Novartis is the holder of – inter alia – European patent EP 2 377 519 B1  entitled ‘Pharmaceutical Composition Comprising Octreotide Microparticles’ Novartis markets an injectable Long Acting Release (hereinafter also: ‘LAR’) product containing octreotide under […]

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ES – LÉKUÉ, v. PENINSULA 2000

Posted: November 8th, 2022

LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022 The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for […]

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NL – Novartis v. Mylan / Appeal – fingolimod

Posted: November 1st, 2022

Novartis AG v. Mylan B.V. and Mylan Ireland Limited, Court of Appeal The Hague, The Netherlands, 18 October 2022, Case no. ECLI:NL:GHDHA:2022:2079 The Novartis-group produces and markets amongst others a medical substance with fingolimod (also named FTY720) as active ingredient for the treatment of relapsing-remitting multiple sclerose (hereafter: RRMS). Novartis holds related EP 2 959 […]

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EPO – EBA referral G 2/21 – Preliminary opinion of the EBA / Plausibility

Posted: October 18th, 2022

G 2/21 on post-published evidence and plausibility – Preliminary Opinion of the EBA, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, three questions were referred to the Enlarged Board of Appeal (EBA) of the EPO relating to post-published evidence. The EBA now issued its preliminary opinion as […]

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UK – Geofabrics v. Fiberweb Geosynthetics

Posted: October 17th, 2022

Geofabrics lays the tracks for large-scale damages inquiries in the UK Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”). Damages inquiries are rare in the UK so this judgment […]

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DE – Will the German automatic injunction live forever?

Posted: October 13th, 2022

Will the German automatic injunction live forever? By Tobias Wüttke, Meissner Bolte The Regional Court Düsseldorf clarifies in a milestone decision (docket no. 4c O 18/21 of 7 July 2022) that the new proportionality defense pursuant § 139 (1) clause 3 of the revised German Patent Act is not available for unwilling licensees. A. The […]

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