Posted: July 21st, 2019
Preliminary injunctions in patent cases – what is required for it to be found likely that a granted patent will not hold up in an assessment as to whether it is invalid? By Hanna Tilus, Roschier and Hampus Rystedt, Zacco A preliminary injunction may be awarded in a patent case where the claimant is able […]
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Posted: July 18th, 2019
HE Licenties B.V. vs. VG Colours B.V., District Court of The Hague, The Netherlands, 19 June 2019, ECLI:NL:RBDHA:2019:6407 Introduction HE Licenties B.V. (”HE Licenties”) is a wholesaler of flowers and plants and, more in particular, colored orchids (and licensor of related technology). VG Colours B.V. (”VG Colours”) is involved in, among other things, the artificial […]
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Posted: July 9th, 2019
Pfizer Ltd v F. Hoffmann-La Roche AG & Anor [2019] EWHC 1520 (Pat) In a High Court judgment handed down at the end of June, Birss J refused Pfizer’s request for so-called “Arrow” declaratory relief in relation to five of Roche’s drug combination patents covering bevacizumab (marketed by Roche as Avastin). Pfizer intend to launch […]
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Posted: July 9th, 2019
Conversant v Huawei & ZTE [2019] EWHC 1687 (Pat) UK Court considers essentiality and validity of patent in FRAND dispute. Background This judgment represents one of the technical trials in the dispute between Conversant (Claimant) and Huawei and ZTE (together the Defendants). The wider case relates to an ongoing dispute regarding what is a FRAND […]
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Posted: July 5th, 2019
Koninklijke Philips N.V. v. Wiko SAS, Court of Appeal The Hague, The Netherlands, 2 juli 2019, Case no. 200.219.487/01 In an interim ruling the Court of Appeal earlier ruled that the claims according to the second auxiliary request are deemed to be valid and infringed by Wiko (see here). Wiko’s FRAND defence is the topic […]
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Posted: July 3rd, 2019
UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of an injunction restraining the launch […]
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Posted: July 3rd, 2019
(1) E. Mishan & Sons, Inc T/A Emson v (1) Hozelock Limited (2) Blue Gentian LLC (3) Telebrands Corp (17 April 2019, Patents Court, UK, Case No. HP-2017-000050) UK Court considers circumstances surrounding a prior use validity attack The UK Patents Court found that two similar GB and EP patents – relating to expandable garden […]
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Posted: June 27th, 2019
Illumina and Sequenom (the “Claimants”) have been successful in another action relating to their prenatal diagnostics patent portfolio, with Mr Justice Arnold finding that Sequenom’s patent EP 1 524 321 (the “Patent”; Illumina being the exclusive licensee) was valid and infringed by TDL’s product, the Harmony Test which was developed by Ariosa (who accepted joint […]
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Posted: June 26th, 2019
TQ Delta, LLC v Zyxel Communications UK Ltd & others [2019] EWHC 353 (Pat) This is a judgment in a preliminary dispute concerned the setting of a trial date for the determination of RAND licence terms in a case where the technical trial of the two telecommunications patents had already been heard by the court, […]
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Posted: June 26th, 2019
Marflow Engineering Limited (Claimant) brought an action against Casellie Limited (Defendant) for infringement of UK Patent 2 368 888 relating to a method of installing a fluid-using appliance such as a shower. The method sets out the use of a plate, typically a metal plate, with apertures that receive one or more pipes. This plate […]
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