EPLAW PATENT BLOG

NL – MERCK SHARP & DOHME v. WYETH

Posted: November 25th, 2020

Merck Sharp & Dohme Corp. v. Wyeth LLC, District Court The Hague, The Netherlands, 11 November 2020, Case No. ECLI:NL:RBDHA:2020:11386 Wyeth holds EP 2 676 679, relating to “Formulations which stabilize and inhibit precipitation of immunogenic compositions”. MSD seeks to revoke EP ‘679 and succeeds. The Court rules that there is added matter that could […]

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NL – Sisvel v. Xiaomi

Posted: November 12th, 2020

Sisvel International S.A. v. Xiaomi Corporation et al. District Court The Hague, 4 November 2020, Case no. ECLI:NL:RBDHA:2020:11108 The Sisvel group controls an extensive patent portfolio in the field of wireless communications. Sisvel accuses Xiaomi of infringing on one of the managed (LTE standard essential) patents, namely EP 272, by trading in mobile phones that […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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UK – Conversant v Huawei / Appeal / Added matter

Posted: October 20th, 2020

Conversant v. Huawei – UK Court of Appeal finds patent invalid for added matter This was an appeal from a decision of one of the two technical trials in the FRAND dispute between Conversant and Huawei playing out in the Courts of the UK, Germany and China. The patent in suit was European Patent (UK) […]

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NL – MENZIS ET AL. V. ASTRAZENECA ET AL.

Posted: October 16th, 2020

Menzis Zorgverzekeraar N.V. and AnderZorg N.V. v. AstraZeneca B.V. and AstraZeneca AB, District Court The Hague 14 October 2020, Case no. C/09/541261 / HA-ZA 17-1084 On the 14th of October 2020 the Dutch District Court of The Hague has issued a noteworthy and ground breaking interlocutory judgment in the case of health insurance company Menzis […]

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NL – Novartis v. Mylan / deferasirox

Posted: October 15th, 2020

Novartis v. Mylan (deferasirox) District Court of The Hague (PI judge Brinkman), 29 September 2020, KG ZA 20-605 Facts The patentee Novartis AG (“Novartis”) is the proprietor of EP 0 914 118 (“EP 118”). EP 118 covers deferasirox, an oral iron chelator that is sold by Novartis under the trademark Exjade. EP 118 is granted […]

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NL – Ciel et Terre International v. Profloating

Posted: October 15th, 2020

Ciel et Terre International versus Profloating, PI judge of the District Court of The Hague 6 October 2020, ECLI:NL:RBDHA:2020:9924 Facts Ciel et Terre International (hereinafter: “C&T”) is the owner of European patent EP 3 336 447 B1 (hereinafter: “EP ‘447”), which relates to a floating photovoltaic installation comprising photovoltaic panels and two types of modular […]

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IT – THE DISGORGEMENT OF PROFITS FROM THE PATENT INFRINGER

Posted: October 14th, 2020

With its decision no. 1094 of 14th May 2020, the Court of Appeal of Milan issued a ruling on the recovery of profits from the patent infringer, one of the most debated topics of the Italian legislation on Industrial and Intellectual property rights. The case at stake concerned Cama 1 S.p.A. (“Cama”), a packaging company, […]

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DE – Nokia v. Daimler

Posted: October 5th, 2020

Nokia v. Daimler, District Court of Mannheim, dec. of August 18, 2020, case docket 2 O 34/19 On August 18, 2020, the District Court of Mannheim handed down the first judgment in the current litigation campaign of Nokia v. Daimler. Despite Daimler’s FRAND defense, the Court enjoined Daimler from using a certain technology in Daimler […]

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ES – Lacosamide

Posted: October 2nd, 2020

Lacosamide / Commercial Court no. 5 of Barcelona, 14 April 2020, Docket No. 672/2017 / Invalidity action (public availability of a prior art document) & action for threat of patent infringement On 8 September 2017 the plaintiff, LABORATORIOS NORMON, S.A. (hereinafter, “NORMON”) filed an invalidity action against the companies RESEARCH CORPORATION TECHNOLOGIES INC., UCB BIOPHARMA […]

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