EPLAW PATENT BLOG

DE – Improved analysis and measurement methods

Posted: September 25th, 2018

LG Düsseldorf, Improved analysis and measurement methods, judgment of 12.07.2018, 4a O 36/17 (not yet published) The Regional Court in Düsseldorf had to decide on a peculiar case. It is common in German Patent law, that the knowledge of an average specialist at the time of the filing date/priority date is decisive for claim construction. […]

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NL – Dutch Patent Office v. Bayer

Posted: September 24th, 2018

Dutch Patent Office v. Bayer Schering Pharma Aktiengesellschaft, Administrative Jurisdiction Division of the Council of State, 19 September 2018, Case No.  ECLI:NL:RVS:2018:3058 The Dutch Patent Office earlier rejected Bayer’s SPC application for a multi phase birth control pill (Qlaira) based on natural estrogens estradiol valerate and dienogest. The Dutch Patent Office rejected the SPC application, […]

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NL – Novozymes & Univar vs. DSM

Posted: September 21st, 2018

Novozymes & Univar vs. DSM, Court of Appeal of The Hague 4 September 2018, ECLI:NL:GHDHA:2018:2155 DSM IP Assets B.V. (“DSM”) is the manufacturer of, inter alia, the lactase product Maxilact, which is used to purify dairy from lactose. Moreover, DSM is the applicant of EP 1 954 808 (“EP 808”) called “Enzyme preparation yielding a […]

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NL – Nikon v. ASML and Zeiss / Case No. 10 – Request to intervene

Posted: September 13th, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V. and Carl Zeiss SMT GmbH, District Court of The Hague, 5 September 2018, Case No. ECLI:NL:RBDHA:2018:10700 Zeiss is not allowed intervene on the side of ASML in the action between ASML and Nikon. Zeiss timely submitted its request to intervene according to […]

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NL – Zavod Prodmash v. [anonymous]

Posted: September 3rd, 2018

Zavod Prodmash v. [anonymous], District Court The Hague, The Netherlands, 31 August 2018, Case no. ECLI:NL:RBDHA:2018:10449 Revision of an ex parte decision denied. The court in interlocutory proceedings finds that for the moment the patent is deemed to be valid and infringed. A copy of the decision (in Dutch) can be read here.

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NL – Nikon v. ASML / Case No. 4

Posted: August 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 22 August 2018, Case No. ECLI:NL:RBDHA:2018:10046 This is case no. 4 of 11 patent cases between Nikon and ASML. Nikon holds EP 2 765 595 for an ‘Exposure apparatus, exposure method, and method for producing a device’. […]

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DE – Rasierklingeneinheiten

Posted: August 20th, 2018

Rasierklingeneinheiten, decision of 30 April 2018 – I-15 W 9/18 According to established German case law, a cease and desist order generally may not only include the mere omission of acts, but also the performance of possible and reasonable actions to eliminate a state of disruption. It is however not clear how far this obligation […]

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UK – JUSHI GROUP v. OCV INTELLECTUAL CAPITAL

Posted: August 15th, 2018

The UK Court of Appeal has considered the validity of a patent claiming a particular composition of glass fibres. OCV’s patent claimed glass strands with constituents expressed as a percentage by weight (e.g. SiO2 at 58-63%, Al2O3 at 12-20%). Further, the composition required the ratio of CaO to MgO to be less than or equal […]

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NL – Nikon v. ASML / Case No. 3

Posted: August 2nd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 1 August 2018, Case No. ECLI:NL:RBDHA:2018:9236 This is case no. 3 of 11 patent cases between Nikon and ASML. Nikon unsuccessfully claims that ASML infringes Nikon’s EP 734 relating to an ‘Exposure apparatus, exposure method, and method […]

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CJEU – Truvada / SPC combination products

Posted: July 25th, 2018

CJEU in Truvada case (C-121/17): no SPC for A+B unless “the claims relate necessarily and specifically to that combination” Today, the Court of Justice of the European Union (“CJEU”) rendered a long-awaited decision in a dispute revolving around the supplementary protection certificate (“SPC”) protecting the HIV inhibitor Truvada. With its judgment rendered (to be found […]

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