EPLAW PATENT BLOG

DE – Sektionaltor II

Posted: May 23rd, 2018

German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents, BGH, “Sektionaltor II” judgment of May 16, 2017 – Case X ZR 85/14 When assessing whether a claim for financial compensation of co-authorized persons is necessary with respect to the principle of material justice, the reasons why the claimant has […]

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FR – Guerbet v. Bayer Pharma

Posted: May 15th, 2018

Guerbet v. Bayer Pharma AG, Paris First Instance Tribunal, 23 March 2018, n°184/2015 In this ruling, the Paris First Instance Tribunal dismissed the invalidity claims brought by Bayer Pharma against Guerbet’s FR patent. This decision includes a very detailed reasoning of the validity assessment, which notably follows the EPO problem-solution approach, which lead to the […]

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NL – Fresenius Kabi, Teva v. Eli Lilli / Alimta® – Appeal

Posted: May 14th, 2018

Fresenius Kabi Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1105 and Teva Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1106 Eli Lilly (”Lilly”) is the holder of the European patent EP 1 313 508 B1 […]

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NL – HP v. Benson cs

Posted: May 1st, 2018

Hewlett-Packard Development Company v. Benson Image, Top Printing and Aigostar, District Court the Hague, 25 April 2018, ECLI:NL:RBDHA:2018:4810 HP is the holder of the European patent EP 1 330 360 titled “Inkjet printhead”. The patent was granted on 11 March 2009 relying on the priority date of US 702267 (30 October 2000). Claim 1 of […]

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AT – Eli Lilly PI / Appeal

Posted: April 27th, 2018

Austrian Court of Appeals confirms PI based on equivalent infringement of Eli Lilly’s Alimta®-Patent In a decision of April 12th 2018, the Vienna Court of Appeals rejected an appeal against a preliminary injunction previously granted by the Vienna Commercial Court. The Court of Appeals confirmed that the offer or sale of a generic Pemetrexed product […]

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EU – Teva and Mylan v. Gilead

Posted: April 26th, 2018

Teva UK Ltd, Accord Healthcare Ltd, Lupin Ltd, Lupin (Europe) Ltd, Generics (UK) trading as ‘Mylan’ v. Gilead Sciences Inc. Request for a preliminary ruling, Opinion of Advocate General Wathelet, 25 April 2018, Case C-121/17, ECLI:EU:C:2018:278 “In the light of all the foregoing, I propose that the Court should answer the question referred for a preliminary […]

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ES – MERCK SHARP & DOHME v. LABORATORIOS LEON FARMA

Posted: April 26th, 2018

Merck Sharp & Dohme B.V., Merck Sharp & Dohme España S.A. v. Laboratorios Leon Farma S.A. & Exeltis Healthcare S.L., Barcelona Commercial Court No. 5, 12 December 2017, Case Docket no. 660/2017 With this decision Barcelona Commercial Court No. 5 revoked the precautionary measures requested by Merck Sharp & Dome and initially granted inaudita parte […]

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UK – Regeneron v. Kymab

Posted: April 26th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]

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NL – Merck Sharp & Dohme v. The Dutch Patent Office

Posted: April 20th, 2018

Merck Sharp & Dohme Corp. vs. the Dutch Patent Office, District Court of The Hague, 10 April 2018, ECLI: NL:RBDHA:2018:4081 The issue at hand is whether the Dutch Patent Office (“DPO”) has rightfully refused the application for a Dutch supplementary protection certificate (“SPC”) for a combination product of ezetimib and rosuvastatin on the basis of […]

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UK – Conversant Wireless v Huawei Technologies and  ZTE Corporation / FRAND

Posted: April 20th, 2018

Conversant Wireless Licensing S.A.R,L v (1) Huawei Technologies Co. Ltd., (2) Huawei Technologies (UK) Co. Ltd, (3) ZTE Corporation (4) ZTE (UK) Limited, High Court of Justice, London, UK, 16 April 2018, [2018] EWHC 808 (Pat) Are the UK Courts an appropriate forum for hearing a global FRAND dispute where alleged infringement of Chinese patents […]

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