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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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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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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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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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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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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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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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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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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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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