EPLAW PATENT BLOG

UK – AP Racing Limited v. Alcon Components

Posted: July 16th, 2018

This was an appeal of HHJ Hacon’s decision in AP Racing Limited v Alcon Components Limited, Intellectual Property Enterprise Court, 15 February 2017, Neutral Citation Number [2017] EWHC 248 (IPEC) concerning disc brake calipers for use on racing cars. The leading judgment was given by Lord Justice Lewison, with whom Lord Justice Lindblom and Lord […]

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UK – Q Delta v Zyxel / “external eyes only” confidentiality regime

Posted: July 16th, 2018

UK Court clarifies applicability of “external eyes only” confidentiality regime The issue whether certain licence agreements should only be disclosed on an “external eyes only” basis, i.e. only to external solicitors, counsel and independent experts, was recently decided in the UK by Carr J in the TQ Delta v Zyxel case. The case involved inter […]

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ES – Appeal / Rosuvastatin / Swiss-type claims in view of the Spanish Reservation to the EPC

Posted: July 13th, 2018

Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Court of Appeals of Barcelona, Section 15, 16 May 2018, Docket No. 59/2018 In a first instance judgment dated 12 July 2017, Commercial Court No. 5 of Barcelona concluded that use claims in the Swiss-type format, being purpose-related process claims, […]

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ES – SCA vs. ICT

Posted: July 11th, 2018

Barcelona Commercial Court No. 1, SCA TISSUE FRANCE SAS vs. INDUSTRIE CARTARIE TRONCHETTI IBÉRICA S.L., 26 March 2018, Docket No. 84/2018 On 26 March 2016, Barcelona Commercial Court No. 1 issued a first-instance decision declaring that the offering and manufacturing by ICT of several models of toilet paper products infringed SCA’s patent rights. The Court […]

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

Posted: July 3rd, 2018

Eli Lilly and Company, ICOS Corporation, and Eli Lilly Danmark A/S (“Eli Lilly”) v. Sandoz A/S (“Sandoz”), the Danish Maritime and Commercial High Court, Case number A-49-17, 15 June 2018 The case concerns infringement of Eli Lilly’s patent DK/EP 1 173 181 T6 (“DK/EP ‘181”) which relates to the use of the active substance Tadalafil […]

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CH – Gilead / Truvada SPC – Switzerland to move away from the “infringement test” for future SPCs for Combination Products

Posted: June 21st, 2018

Validity of Gilead’s Swiss TRUVADA® SPC confirmed but Switzerland will move away from the “infringement test” for future SPCs for combination products, By Simon Holzer, Kilian Schärli and Marco Borer, Meyerlustenberger Lachenal * English translation of the decision now included * The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates […]

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NL – High Point v. KPN

Posted: June 20th, 2018

High Point SARL v. KPN B.V., Court of Appeal The Hague, The Netherlands, 5 June 2018, Case no. ECLI:NL:GHDHA:2018:1271 High Point is the owner of EP 0 522 772 which relates to a ‘Wireless access telephone-to-telephone network interface architecture’. It has sued KPN for infringement. KPN, in turn, has claimed the invalidation of EP 772. […]

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NL – RESOLUTION CHEMICALS V. ASTRAZENECA – SUPREME COURT

Posted: June 12th, 2018

Resolution Chemicals Ltd. v. AstraZeneca B.V. and Shionogi Seiyaka Kabushiki Kasiha, Supreme Court of The Netherlands, The Hague, 8 June 2018, Case No. ECLI:NL:HR:2018:854 This case relates to the scope of protection of a patent for a cholesterol inhibitor, more importantly whether or not the description of the patent provides for a limiting definition of […]

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FR – Novartis v. Teva – Valsartan / Amlodipine – € 13,000,000 advance on damages

Posted: June 11th, 2018

Preliminary injunction issued by a French court against Teva’s generic of Novartis’ Exforge anti-hypertensive drug (valsartan/amlodipine) plus €13,000,000 awarded as an advance on damages On 7 June 2018, the tribunal de grande instance of Paris (Judge Marie Courboulay) issued a preliminary injunction against Teva’s generic of Novartis’ anti-hypertensive drug Exforge (valsartan/amlodipine) on the basis of […]

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NL – Nikon v. ASML

Posted: June 8th, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 6 June 2018, Case no. ECLI:NL:RBDHA:2018:6542 This is case no. 2 of 11 patent cases between Nikon and ASML. The Court rules that ASML does not infringe the Dutch part of Nikon’s EP 2 157 480 relating […]

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