EPLAW PATENT BLOG

DE – Recent relevant cases

Posted: January 19th, 2010

A set of recent relevant German cases (listed below) has been added to the blog. The posts are published on the date of the judgment. With thanks to Jan Dombrowski, CMS Hasche Sigle

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NL – Metaco v. Schelfhaut N.V.

Posted: January 18th, 2010

Metaco Inc. v. Schelfhaut N.V., preliminary injunction proceedings, The Hague District Court, 13 January 2010, Docket No.352478 / KG ZA 09-1580  The judge confirms that a cease and desist declaration is only binding to the parties and not binding to a natural or legal person signing the cease and desist declaration in the name of […]

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NL – Programme AIPPI Zeist 10 March 2010

Posted: January 18th, 2010

The programme of the annual meeting of the Dutch AIPPI group in Zeist is now available. To view the programme, click here.

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UK – Nokia v. IPCom (GSM/UMTS)

Posted: January 18th, 2010

Nokia GmbH v. IPCom GmbH & Co. KG and IPCom GmbH & CO. KG v. Nokia UK Limited and Nokia OYJ (Nokia Corporation), Invalidity and infringement proceedings (GSM, UMTS), High Court of Justice, Chancery Division, Patents Court, The Hon Mr Justice Floyd, London, UK, 18 January 2010
These proceedings concern two patents in the name of IPCom GmbH and Co KG (“IPCom”). IPCom sued Nokia UK Limited and Nokia Oyj (Nokia Corporation) for infringement of both patents. The proceedings are part of a larger battle between

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UK – Jackson Report on English civil litigation costs recommends reform

Posted: January 15th, 2010

Jackson Report on English civil litigation costs recommends reform, reported by Ed Barker, Baker & McKenzie Lord Justice Jackson has published the final report of his wide ranging review of civil litigation costs in England & Wales.  He begins the report with a pithy foreword which sets the tone for the entire report (which runs […]

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NL – WDS Luxe v. Spant Best B.V. (Plameco)

Posted: January 13th, 2010

WDS Luxe B.V.v. Joseph Spanjers and Spant Best B.V., h.o.d.n. Plameco, The Hague District Court, The Netherlands, 13 January 2010, Docket No. 336602 / HA ZA 09-1505
Claim 1 of EP 308 is not novel over the Tombu patent. No violation of the principles of due process due to

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EPO – T0018/09 – Cooperation between Board of Appeal and National Court / acceleration of appeal proceedings

Posted: January 12th, 2010

Human Genome Sciences (patentee) v. Eli Lilly (opponent), Cooperation between Board of Appeal and National Court / Acceleration of appeal proceedings, EPO Board of Appeal, 21 October 2009, Case No. T0018/09
In this case, the UK Court of Appeals requested the Board of Appeal to accelerate the parallel EPO appeal proceedings in order to have that appeal decided prior to the UK appeal hearing (which was then scheduled for December 2009, see Eli Lilly and Company v. Human Genome Sciences, Inc. [2008] EWCA Civ 168).
The Board acknowledged the practical and economic benefit of the national court’s request and stated that it agrees entirely with the national appeal court that parties to such parallel proceedings should inform both tribunals of the position as early as possible and ask the

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EU – Commission launches monitoring of pharmaceutical patent settlements

Posted: January 12th, 2010

The European Commission just confirmed that it addressed today on the basis of EU antitrust rules, requests for information to certain pharmaceutical companies asking them to submit copies of their patent settlement agreements. The requests cover patent settlement agreements concluded between originator and generic pharmaceutical companies in the period from …

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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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