EPLAW PATENT BLOG

UK – Mölnlycke v. BSN Medical

Posted: January 12th, 2010

Mölnlycke Health Care AB (MAB), Mölnlycke Health care Limited (MUK) v. BSN Medical Limited and BSN Medical GmbH (Cutimed Siltec wound dressings), High Court of Justice, Chancery Division, Patents Court, London, UK, 17 December 2009, Case No. HC09C037755.
BSN contends that infringement proceedings brought by Mölnlycke be stayed (based on Article 27 of Regulation No. 44/2001) until jurisdiction of the Stockholm District Court in co-pending declaratory proceedings related to the patent is established. MAB applies for an interim injunction until judgment or further order.

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EPO – Enlarged Board of Appeal of the EPO dismisses objections to its composition in review cases

Posted: January 8th, 2010

Nickel-based metallic material/Leibniz Institut für Festkörper- und Werkstofforschung, Enlarged Board of Appeal, EPO, 3 December 2009, Docket No. R 12/09, not to be published in OJ In this case, a petitioner objected for the first time to the way in which the EBA is composed in review cases. The EBA dismisses the objections as it […]

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EU – Commission opens antitrust investigation into pharmaceutical company Lundbeck

Posted: January 7th, 2010

"The European Commission has opened a formal antitrust investigation into the international pharmaceutical undertaking Lundbeck to examine potential breaches of EU rules on restrictive business practices and on the abuse of a dominant market position under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). The Commission in particular […]

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NL – Lundbeck v. Tiefenbacher, Centrafarm Services and Ratiopharm

Posted: January 6th, 2010

H. Lundbeck a/s v. Alfred E. Tiefenbacher GmbH, Centrafarm Services B.V. and Ratiopharm GmbH, costs of procedure, Court of Appeal, The Hague, The Netherlands, 22 December 2009, Docket No. 200.039.432/01 Withdrawn application for the provisional examination of witnesses / expert opinion. Other parties object to such withdrawal if no full costs of the proceedings as […]

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DK – Linco Food Systems v. Meyn Food Processing Technology

Posted: January 6th, 2010

Linco Food Systems A/S v. Meyn Food Processing Technology B.V., Supreme Court, Copenhagen, Denmark, 3 December 2009, Docket No. 313/2005 The Danish Supreme Court dismissed Meyn's claim against Linco Food Systems and declared Meyn's patent invalid. Meyn was granted a patent on a device which cleanses out the intestines of poultry during slaughtering.The enforcement court […]

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NO – Torbjørn Kvassheim v. research foundation Stiftelsen SINTEF

Posted: January 5th, 2010

Torbjørn Kvassheim v. research foundation Stiftelsen SINTEF, contributory infringement/research exception, Norwegian Supreme Court, Oslo, 22 December 2009, Docket. No. HR-2009-2402-A, with thanks to Amund Brede Svendsen, Grette
The Supreme Court majority emphasized that the experimental exception and the right to strive for new knowledge does not mean that a research institution can exploit such knowledge commercially by

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DE – Durchfuhr von DVD-Playern (transit of DVD-players)

Posted: December 29th, 2009

DE – Durchfuhr von DVD-Playern (transit of DVD-players), infringement proceedings, Court of Appeals Hamburg, Germany, 29 December 2009, Docket No. 3 U 242/05
Transit of goods through Germany is not an act of patent infringement.

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US – CAFC: False marking statute applies on a per article basis

Posted: December 29th, 2009

Forest Group, Inc. v. Bon Tool Co., United States Court of Appeals for the Federal Circuit, 28 December 2009, Case No. 2009-1044, with thanks to Willem Hoyng, Howrey The CAFC held yesterday that the false marking statute (35 U.S.C. § 292) applies on a per article basis rather than a per offense basis. While statute […]

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NL – Medinol Limited v. Abbott B.V.

Posted: December 23rd, 2009

Medinol Limited v. Abbott B.V., Abbott Vascular Devices Holland B.V. and Abbott Logistics B.V., infringement proceedings, District Court The Hague, 23 December 2009, Docket No. 329760 / HA ZA 09-418, with thanks to Simon Dack, De Brauw Blackstone Westbroek Medinol is the holder of European Patent EP 1181902  for 'A flexible expandable stent', which was […]

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US – Microsoft to pay $290m damages for patent infingement

Posted: December 23rd, 2009

Times Online reports: Microsoft to pay $290m damages for patent infingement "Microsoft has been barred from selling its flagship word processor Word and must pay $290 million in damages for infringing a patent held by a small Canadian software company, i4i. The ruling, by the United States Court of Appeals for the Federal Circuit prevents […]

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