EPLAW PATENT BLOG

NL – Hygro International v. Futurecare Worldwide

Posted: June 22nd, 2017

Hygro International PTY Limited v. Futurecare Worldwide B.V. et al., District Court The Hague, The Netherlands, 21 June 2017, Case No. ECLI:NL:RBDHA:2017:6743 Futurecare did not respond to Hygro’s rebuttal of Futurecare’s invalidity arguments. Hygro therefore sufficiently established that it is entitled to the patent. Futurecare further did not dispute that the products marketed by them […]

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ES – Huntsman International v. Ungría Patentes y Marcas et al.

Posted: June 15th, 2017

Huntsman International v Ungría Patentes y Marcas et al., Spanish Supreme Court, Civil Chamber, 26 January 2017, Judgment No 46/2017 Huntsman International, LLC. (‘Huntsman’) filed a suit against Ungría Patentes y Marcas, SA (‘Ungría’), and against Samuel, an industrial property agent who was both the administrator and the majority shareholder of the company. Huntsman claimed […]

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ES – Industrias Alimentarias de Navarra v. Mivisa Envases

Posted: June 14th, 2017

Spanish Supreme Court, Civil Chamber, Judgment No. 263/2017 (May 3rd, 2017) The patent at stake in the infringing proceedings relates to a can closure based on thermo-sealing laminated sheets for the preserving of foods. Claim 1 of the patent defines the invention as a “hermetically sealed can” (i.e., as a product patent). The defendant manufactures […]

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NL – Boskalis v. Dredging

Posted: June 14th, 2017

District Court of The Hague 7 June 2017, Case no. 485407 / HA ZA 15-370, ECLI:NL:RBDHA:2017:5959, Baggermaatschappij Boskalis B.V. (‘Boskalis’) v. Dredging International N.V. (‘Dredging’) The present nullity proceedings initiated by Boskalis concern the dutch designation of European Patent EP 1 888 849 B2 for an “Apparatus with flexibly mounted spud carriage” held by Dredging. […]

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NL – Carl Zeiss v. VSY

Posted: June 9th, 2017

Carl Zeiss Meditec AG v. VSY Biotechnology B.V. et al., District Court The Hague, The Netherlands, 7 June 2017, Case No. ECLI:NL:RBDHA:2017:6136 European Patent on an intraocular (implantable) lens. Interpretation of claims. The Dutch part of the patent is valid: the hurdles of novelty, inventive step and enablement were all taken successfully. The patent is […]

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UK – Unwired Planet International v. Huawei / Remedies

Posted: June 8th, 2017

Unwired Planet International v. Huawei Technologies Co. Ltd, Huawei Technologies (UK) Co. Ltd and Unwired Planet LLC, High Court of Justice, London, 7 June 2017, Neutral Citation Number: [2017] EWHC 1304 (Pat) In summary: i) A FRAND injunction will be granted. That is one which is discharged if the defendant enters into the FRAND licence. […]

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UK – Chugai Pharmaceutical Co. Ltd v UCB Pharma S.A.

Posted: June 1st, 2017

Chugai Pharmaceutical Co. Ltd v (1) UCB Pharma S.A. and (2) Celltech R&D Limited, UK, High Court, Carr J, 26 May 2017 These proceedings concerned an application by Chugai Pharmaceuticals (“Chugai”) for a declaration that it was not obliged to continue to pay royalties under a patent licence granted by the First Defendant (“UCB”). The […]

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NL – Biogen and Hoffman La Roche v. Celltrion and Mundipharma

Posted: May 31st, 2017

District Court The Hague, The Netherlands, 12 May 2017, Case No. ECLI:NL:RBDHA:2017:5035 Injunction against biosimilar of Retuximab denied. Reasonable chance that the patent will be invalidated due to added matter. A copy of the judgment can be read here.

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UK – Curt G Joa v. Fameccanica Data

Posted: May 24th, 2017

Curt G Joa, Inc v Fameccanica Data SpA, UK, Intellectual Property Enterprise Court, Hacon HHJ, 24 May 2017 This case concerned a patent for “disposable absorbent garments”, including nappies/diapers and adult incontinence garments. By the time the case came to trial, the patentee had made both unconditional and conditional applications to amend the claims of […]

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UK – OOO Abbott v. Design & Display / account of profits

Posted: May 24th, 2017

(1) OOO Abbott (2) Godfrey Victor Chasmer v (1) Design & Display Limited (2) Eureka Display Limited, Intellectual Property Enterprise Court, (HHJ Hacon), London, UK, 1 March 2017, Neutral Citation Number: [2017] EWHC 932 (IPEC) In this judgment, HHJ Hacon determined issues which had been remitted from the Court of Appeal (see here) relating to […]

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