EPLAW PATENT BLOG

DK – ELI LILLY V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (TADALAFIL)

Posted: March 14th, 2019

Eli Lilly and Company, ICOS Corporation, and Eli Lilly Danmark A/S (“Eli Lilly”) v. Generics (UK) Limited and Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-33415/2018-SHR, 1 February 2019 The case concerns infringement of Eli Lilly’s patent DK/EP 1 173 181 T6 (“DK/EP ‘181”) which relates to the use of […]

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IT – Saima v. Plexa, Holacheck and Securconsult

Posted: March 12th, 2019

Saima Sicurezza S.p.A. (“Saima”), a company active in the security sector, brought a patent infringement and unfair competition action before the Court of Milan against Plexa srl, Holacheck srl and Securconsult. The plaintiff is the owner of the Italian patent no. IT 1.396.496 (“IT ’496”), concerning a system for managing passenger access control in public […]

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DE – Preliminary decision regarding the amount of security for enforcement

Posted: March 11th, 2019

Preliminary decision regarding the amount of security for enforcement – Higher Regional Court of Karlsruhe, partial judgment dated October 10, 2018, docket no. 6 U 82/18, reported by Sebastian Horlemann and Stefan Lieck, Bardehle Pagenberg In a preliminary decision, the Higher Regional Court of Karlsruhe deals with the question which facts are to be taken […]

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UK – Eli Lilly v. Genentech / referral to CJEU

Posted: March 11th, 2019

Eli Lilly And Company & Ors v Genentech, Inc [2019] EWHC 387 and 388 (Pat) (01 March 2019) This was a claim brought by Eli Lilly and Company (“Lilly”) for revocation of Genentech’s patent EP (UK) No. 1,641,822 (the “Patent”) entitled “IL-17A/F heterologous peptides and therapeutic uses thereof”. Genentech does not have a marketed product […]

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CH – SPCs cannot be revoked on the grounds of a wrongfully granted re-establishment of rights

Posted: February 27th, 2019

SPCs cannot be revoked on the grounds of a wrongfully granted re-establishment of rights. The Swiss list of grounds for nullity for SPCs is exhaustive. The Federal Supreme Court (FSC) provided valuable clarification regarding the grounds for nullity of SPCs in its recent judgment 4A_415/2018 of 7 December 2018. In the case underlying this judgment, […]

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NL – F. Hoffmann-La Roche and Genentech v. Mundipharma

Posted: February 26th, 2019

F. Hoffmann-La Roche AG and Genentech Inc. v. Mundipharma Pharmaceuticals B.V., Judge in interlocutory proceedings, District Court The Hague, The Netherlands, 20 February 2019, ECLI:NL:RBDHA:2019:1486 Preliminary injunction proceedings re biosimilar. Hoffmann-La Roche and Genentech both are part of the Roche group. Genentech developed Herceptin® for the treatment of breast cancer, with the anti-HER2 antibody trastuzumab […]

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DK – FRESENIUS KABI V. ELI LILLY (PEMETREXED)

Posted: February 21st, 2019

Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”) v. Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”), the Danish Eastern High Court, 20 December 2018, Case number B-2735-17 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use of the […]

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CJEU – The Netherlands v. Warner-Lambert

Posted: February 19th, 2019

CJEU – Staat der Nederlanden v. Warner-Lambert Company LLC, Judgment of the Court, 14 February 2019, Case No. C‑423/17 [I]n a marketing authorisation procedure […], communication to the competent national authority by the applicant or holder of a marketing authorisation for a generic medicinal product of the package leaflet or a summary of the product […]

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NL – Accord v. NPS / cinacalcet

Posted: February 19th, 2019

Accord vs. NPS; cinacalcet, District Court of The Hague 6 February 2019, Case No. ECLI:NL:RBDHA:2019:934  Introduction Shire-NPS Pharmaceuticals Inc. (“NPS”) was the patentee of EP 1 203 761 B1 (“EP 761”) titled “Calcium receptor-active compounds” that was granted on 19 January 2005. The subject matter of EP 761 is, inter alia, the pharmaceutical compound cinacalcet, […]

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NL – Fast & Fluid Management v. Santint and Zhengzhou Sanhua Technology & Industry

Posted: February 15th, 2019

Fast & Fluid Management B.V. v. Santint B.V. and Zhengzhou Sanhua Technology & Industry Co., Ltd., Judge in interlocutory proceedings, District Court The Hague, The Netherlands, 8 February 2019, Case no. ECLI:NL:RBDHA:2019:1105 Fast & Fluid demanded a preliminary injunction against Santint and Zhengzhou due to alleged infringement on its EP 970 for a ‘valve assembly’. […]

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