EPLAW PATENT BLOG

NL – Tomra Sorting Limited v. Kiremko

Posted: November 21st, 2019

Tomra Sorting Limited v. Kiremko, District Court The Hague, 15 November 2019, Case no. ECLI:NL:RBDHA:2019:12109 Infringement proceedings instigated by patent holder Tomra. The Judge holds that there is a serious, non negligible chance that the patent will be revoked in proceedings on the merits, as prior art GB 119 implicitly, but clearly and unambiguously discloses […]

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NL – Gilead vs. Dutch Patent Office – SPC tenofovir / emtricitabine

Posted: November 13th, 2019

Gilead vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The Hague 30 October 2019 Introduction The plaintiff in this matter, Gilead Sciences Inc. (“Gilead”), markets a medicinal product under the name Truvada. As many European patent practitioners will know, this product consists of a combination of the active ingredients tenofovir dispoproxil and emtricitabine. […]

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CH – Lilly v. Sandoz – Pemetrexed, Invalidity Action rejected

Posted: November 4th, 2019

In October 15, 2019, the Swiss Federal Patent Court held in Eli Lilly vs. Sandoz Pharmaceuticals that the Swiss part of Eli Lilly’s patent EP 1 313 508 B1 regarding the use of the anti-cancer drug pemetrexed in combination with a vitamin B12 is valid – almost to the day two years after the Swiss […]

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UK – Anan Kasei & Rhodia Operations v. Neo Chemicals and Oxides

Posted: October 29th, 2019

Anan Kasei Co. Ltd & Rhodia Operations S.A.S. v Neo Chemicals and Oxides Limited & Neo Performance Materials Inc, Court of Appeal, London, 9 October 2019, [2019] EWCA Civ 1646 In this judgment, the Court of Appeal has dismissed an appeal by Neo Chemicals and Oxides (Europe) Limited (previously Molycorp Chemicals and Oxides (Europe) Limited) […]

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DE – Sufficiency of Disclosure and Enablement

Posted: October 28th, 2019

Sufficiency of Disclosure and Enablement German Federal Court of Justice, judgment dated January 8, 2019 – docket no. X ZR 58/17 In its judgment dated January 8, 2019, docket no. X ZR 58/17, the German Federal Court of Justice consolidates its previous case law regarding the requirements of a clear and complete disclosure of an […]

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UK – A Formstein objection in the UK?

Posted: October 25th, 2019

A Formstein objection in the UK? by Paul England, Taylor Wessing As is now well-known, in Actavis v Eli Lilly ([2017] UKSC 48) the UK Supreme Court held that direct infringement cannot be determined solely by whether a product or process falls within the language of the claim. Instead, whether variants falling outside the language […]

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ES – LICONSA v. BOEHRINGER

Posted: October 23rd, 2019

LICONSA v. BOEHRINGER, Court of Appeals of Barcelona, 29 March 2019, Docket No. 1076/2017 / Request for limitation of a patent before the Spanish Patent & Trademark Office (SPTO) during judicial proceedings In a decision dated 29 March 2019, the Court of Appeals of Barcelona made clear that, since the entry into force of the […]

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DK – VONIN AND VOLU VENTIS V. MLD / THE DANISH WESTERN HIGH COURT

Posted: October 22nd, 2019

P/F Vonin and Volu Ventis ApS (“Vonin”) v. MLD ApS (“MLD”), the Danish Western High Court (appeal court), case no. B-0067-18, 12 June 2019 The case concerned alleged infringement of Vonin’s Danish utility model DK 2016 00075 U4 and European patent DK/EP 3 183 959, which relate to a trawl door with a flow booster […]

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DE – Teva Pharmaceutical Industries v. Mylan dura

Posted: October 16th, 2019

Regional Court Düsseldorf (docket no. 4c O 22/19) and Higher Regional Court Düsseldorf (docket no. I-2 U 28/19) The Higher Regional Court Düsseldorf recently confirmed on appeal that Teva Pharmaceutical Industries Ltd. (“Teva”) is entitled to a preliminary injunction (“PI”) against Mylan dura GmbH (“Mylan”) in Germany. This PI relates to Mylan’s product CLIFT 40 […]

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DK – TEVA V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (COPAXONE®)

Posted: October 15th, 2019

Teva Pharmaceutical Industries Ltd., and Teva Denmark A/S (“Teva”) v. Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-38788/2018-SHR, 15 March 2019 The case concerns infringement of the patents DK/EP 2 949 335, DK/EP 2 630 962 and DK/EP 3 199 172, which are owned by Yeda Research & Development Company, […]

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