EPLAW PATENT BLOG

CJEU – Bayer / Art. 9 (7) Enforcement Directive / “appropriate compensation”

Posted: September 18th, 2019

CJEU preliminary ruling judgment in C-688/17 (Bayer) provides interpretation on Art. 9 (7) of the Directive 48/2004/EC (Enforcement Directive) based on a referral from the Hungarian court On September 12, 2019 the Court of Justice laid down its decision in C-688/17 (Bayer) in a preliminary ruling proceeding coming from the Metropolitan Court, Budapest, about the […]

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CJEU – Eli Lilly v. Genentech / Request for a preliminary ruling ‘manifestly inadmissible’

Posted: September 17th, 2019

Eli Lilly and Company v. Genentech Inc., Reference for a preliminary ruling, 5 September 2019, Case C‑239/19 “[T]he justification for a reference for a preliminary ruling is not that it enables such opinions to be delivered but rather that it is necessary for the effective resolution of a dispute concerning EU law (judgment of 13 […]

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CJEU – Royalty Pharma Collection Trust and Sandoz v. Searle / SPC

Posted: September 12th, 2019

Joined Cases C‑650/17 and C‑114/18, Royalty Pharma Collection Trust joined party Deutsches Patent- und Markenamt (Request for a preliminary ruling from the Bundespatentgericht (Germany)) and Sandoz Ltd, Hexal AG v. G.D. Searle LLC, Janssen Sciences Ireland (Request for a preliminary ruling from the Court of Appeal (England & Wales), Opinion of Advocate General Hogan, 11 September […]

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LU – TATA STEEL v ARCELORMITTAL

Posted: August 30th, 2019

TATA STEEL v ARCELORMITTAL, District Court of Luxemburg, 17 July 2019 ARCELORMITTAL has submitted a patent application (EP 2 906 734) on “A method for manufacturing a metal sheet with a ZnAl [Zinalium, a zinc-based metal] coating and with optimized drying, corresponding metal sheet part and vehicle”, as well as a divisional patent application (EP […]

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SE – Three years with the Swedish Patent and Market Court

Posted: August 28th, 2019

Three years with the Swedish Patent and Market Court Today, three years after its inception on 1 September 2016, and with more data now available, it is time to follow up on our 2017 blog post  regarding the efficiency and reliability of patent cases adjudicated by the Swedish Patent and Market Court. By Erik Ficks […]

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NO – Standard of proof when ascertaining the contents of oral disclosure

Posted: August 24th, 2019

Norcape Biotechnology AS (Norcape) v. the Norwegian Board of Appeal for Intellectual Property Rights (Board of Appeal), Courts of Appeal Oslo, Norway, 22 July 2019, Case No.: LB-2018-72158-2 In May 2004, Norcape filed a patent registration for two products and one process concerning animal feed made of waste products from fish. The claimed invention combined […]

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NL – Sisvel v. Xiaomi

Posted: August 16th, 2019

Sisvel International S.A. v. Xiaomi Corporation, Xiaomi H.K. Limited and others, District Court The Hague, Interlocutory Proceedings, 1 August 2019, Case No. ECLI:NL:RBDHA:2019:7959 Standard Essential Patents. FRAND. Sisvel is the mother company of the Sisvel group. Sisvel manages IP rights, amongst which its own patents and patents of third parties in the field of i.a. […]

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NL – Novartis v. Teva

Posted: August 8th, 2019

Novartis Pharma A.G., Novartis Pharmaceutical AG and Novartis AG v. TEVA Nederland B.V., District Court The Hague, The Netherlands, Judge in Interlocutory Proceedings, 5 July 2019, Case No. ECLI:NL:RBDHA:2019:7792 Teva holds a Dutch marketing authorization for the generic version of everolimus, named Everolimus Teva. In the SmPC and and the Patient Information Leaflet of Everolimus […]

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NL – X AG and Biogen v. Celltrion

Posted: August 8th, 2019

X AG, Biogen Inc. and Genentech Inc. v. Celltrion Inc., Court of Appeal The Hague, The Netherlands, 30 July 2019, Case No. Zoekresultaat – inzien document ECLI:NL:GHDHA:2019:1962 Biopharmaceutical company Celltrion developed a biosimilar of a chimeric monoclonal antibody, named ‘rituximab’, that according to Celltrion is bio-equivalent to X AG’s antibody. Celltrion obtained a marketing authorization […]

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UK – APPLICATION TO STAY UK PATENT INFRINGEMENT PROCEEDINGS PENDING EPO OPPOSITION REFUSED

Posted: August 7th, 2019

Coloplast A/S v Salts Healthcare Limited, UK Patents Court , 3 July 2019 Coloplast is the proprietor of a patent entitled “comfort layer for a collecting bag” relating to collecting bags (ostomy products for human waste). Coloplast claims their patent is infringed by Salts’ “Confidence BE” range of ostomy bags in the UK – initially […]

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