EPLAW PATENT BLOG

DE – The first German compulsory patent license ever – start of a new era?

Posted: October 17th, 2017

Judgement of the Federal Supreme Court, dated 11 July 2017, docket no. X ZB 2/17 In its decision ‘Raltegravir’ dated 11 July 2017, the Federal Supreme Court granted a compulsory patent license pursuant to § 24 German Patent Act. Interestingly, the license was granted on short track, i.e. in ‘preliminary injunction proceedings’ pursuant to § […]

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ES – TEVA PHARMA & RATHIOPHARMA ESPAÑA v. LA ROCHE AG

Posted: October 17th, 2017

Teva Pharma S.L.U. & Ratiopharma Eshttp://eplaw.org/document/es-ap-barcelona-roche-c-teva-ratiopharma-judgment/paña S.A. v. F. Hoffmann La Roche AG, Provincial Court of Barcelona, Section 15, Spain, 22 May 2017, Appeal Docket Number: 739/2015. In May 2017, Section 15 of the Barcelona Court of Appeals declared the nullity of patent ES 2.083.348 (ES 348), the Spanish part of patent EP 0.694.547 B1 […]

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ES – Shionogi & Astrazeneca v. Ratiopharm / Rosuvastatin / Interim Injunction Opposition

Posted: October 16th, 2017

Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Barcelona Commercial Court No. 5, 12 July 2017, Docket No. 148/2017 In a decision rendered on 12 July 2017, Commercial Court No. 5 of Barcelona overruled its previous order of 21 February 2017, pursuant to which it granted ex parte […]

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EPO – European patent for Raltegravir revoked

Posted: October 12th, 2017

EPO, Technical Board of Appeal 3.3.01, T 1150/15, decision of October 11, 2017 – Merck & Co., Inc. v. SHIONOGI & CO., LTD The grant of a compulsory license under § 24 of the German Patent Act was a legal instrument of hardly any relevance over many decades. Only once, the Federal Patent Court (BPatG) […]

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News – Turin Conference on Standard Essential Patents after Huawei

Posted: October 10th, 2017

The Scuola Superiore della Magistratura (the Permanent Training Association of Italian Judges) and LES Italy (www.les-italy.org) jointly organize a Conference in Turin: a one-day meeting on Standard Essential Patents after Huawei, including procedural and antitrust aspects. The Conference will take place in the Aula Magna of the Civil Court of Turin on Monday the 30th of […]

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NL – Celltrion v. Hoffmann-La Roche et al.

Posted: October 5th, 2017

Celltrion Inc, v. F. Hoffmann-La Roche AG, Biogen Inc. and Genentech Inc., District Court of the Hague, 27 September 2017, Case No. ECLI:NL:RBDHA:2017:11301 Patent revoked due to lack of novelty. Priority can not be invoked since the priority right was not validly transferred. A copy of the decision can be read here.

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NL – SPG v. Dover

Posted: October 5th, 2017

SPG Prints B.V. v. Dover Europe SARL, District Court The Hague, 13 September 2017, Case No. ECLI:NL:RBDHA:2017:10453 Dover’s patent relates to a method for the fixed-array digital printing of fabric. SPG successfully invokes invalidity. Compensating the speed of the conveyor belt in an inkjet press is a non inventive step. This is confirmed by the […]

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IT – Fresenius v. Lilly

Posted: October 3rd, 2017

Fresenius Kabi Oncology PLC and Fresenius Kabi Italia S.r.l. (“Fresenius”) sought before the Court of Milan a urgent declaration of non-infringement with respect to their new antitumor drug based on pemetrexed diacid in combination with tromethamine. Fresenius requested the Court to declare that its drug does not infringe – whether directly or indirectly – EP […]

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NL – Asetek v. Cooler Master Europe

Posted: September 29th, 2017

Asetek A/S v. Cooler Master Europe B.V., District Court of The Hague, the Netherlands, 20 September 2017, Case number C/09/515892 / HA ZA 16-906 Asetek is the holder of the European patent EP 1 923 771 B1 (“EP ‘771”) entitled “Cooling system for a computer system”. The patent was filed on 8 November 2004 relying […]

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NL – Synthon v. Yeda

Posted: September 25th, 2017

Synthon B.V. v. Yeda Research & Development Co. Ltd, District Court The Hague, 6 September 2017, Case Number ECLI:NL:RBDHA:2017:10315 Yeda Research & Development Co., Ltd is the proprietor of EP 2 405 794, which claims a dosing regimen for glatiramer acetate (Copaxone®) for the treatment of Multiple Sclerosis. In proceedings before the District Court of […]

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