EPLAW PATENT BLOG

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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SE – Seeking Preliminary Injunction for Pharmaceutical Patent Infringement in Sweden

Posted: December 22nd, 2009

Seeking Preliminary Injunction for Pharmaceutical Patent Infringement in Sweden – A Comparative Law Analysis of Pharmaceutical Patent Protection and Injunction Proceedings in the Nordic Countries
By Erik Ficks, Roschier
“2009 has brought about significant changes to the Swedish pharmaceutical market as a consequence of the dismantling of the state pharmacy monopoly. As of 1 July 2009, parties other than the Swedish state are permitted to establish pharmacies. This increased activity creates an increased need for patent holders to safeguard their rights, primarily by preliminary injunctions.

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NL – Mark your Calendar

Posted: December 22nd, 2009

The annual Dutch AIPPI meeting in Zeist will be held on 10 March 2010. More information will follow shortly.

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NL – e-Traction Europe B.V. v. N.V. Nederlandsch Octrooibureau

Posted: December 22nd, 2009

e-Traction Europe B.V. v. N.V. Nederlandsch Octrooibureau, preliminary injunction proceedings, District Court The Hague, 22 December 2009, Docket No. 351276 / KG ZA 09-1500 Dispute in the aftermath of a failed cooperation, based on an Asset Purchase Agreement ('APA'). Patent attorney N.V. Nederlandsch Octrooibureau ('NOB') changed the name in which two European patent applications were […]

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ECJ to Decide on Manufacturing Fiction

Posted: December 20th, 2009

ECJ to Decide on 'Manufacturing Fiction' under Counterfeit Goods Regulation By Geert Theuws, Howrey LLP "Following questions posed by the Belgian and to be posed by the UK court, the ECJ will be deciding on an issue which is of significant importance for the future of the European border seizures practice. It concerns the legitimacy […]

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