EPLAW PATENT BLOG

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Institut für Festkörper- und Werkstofforschung, Enlarged Board of Appeal, EPO, 3 December 2009, Docket No. R 12/09, not to be published in OJ In this case, a petitioner objected for the first time to the way in which the EBA is composed in review cases.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GmbH, costs of procedure, Court of Appeal, The Hague, The Netherlands, 22 December 2009, Docket No. 200.039.432/01 Withdrawn application for the provisional examination of witnesses / expert opinion.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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Young EPLAW – Mark your Calendar

Posted: December 22nd, 2009

Young EPLAW – Mark your Calendar The third annual Young EPLAW meeting will be held on Monday 17 May 2010 in Brussels. The Young EPLAW meeting is a meeting organized especially for young patent enthusiasts (up to 36 years) who work in the office of an EPLAW member.  Further information will follow shortly. The programme […]

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