NL – Philips v. SK Kasetten / FRAND

Posted: March 17th, 2010

Koninklijke Philips Electronics N.V. v. SK Kassetten GmbH & Co. KG, Infringement, FRAND, District Court The Hague, The Netherlands, 17 March 2010, Joint Cases No. 316533/HA ZA 08-2522 and 316535/HA ZA 08-2524
SK infringes Philips’ patents re CD and DVD technology. The district Court of the Hague deviates from the German BGH Orange Book decision (BGH 6 May 2009, KZR 39/06). Philips may


FR – Daiichi Sankyo Company Limited v. INPI / SPC

Posted: March 16th, 2010

Daiichi Sankyo Company Limited v. INPI, Validity French SPC, Cour d’Appel of Paris , 6 November 2009, Case No. 09/06530 (with English translation), with thanks to Pierre Véron, Véron & Associés
The Cour d’Appel of Paris dismissed the appeal of Daiichi Sankyo against the decision of the French Patent Office (INPI) to reject its French SPC. “Considering that


NL – Safeway GmbH v. Kedge Holding B.V.

Posted: March 11th, 2010

Safeway GmbH v. Kedge Holding B.V., declaration of non-infringement, The Hague District Court, The Netherlands, 10 March 2010, Case No. 337089 / 09-1591


EU – Monsanto v Cefetra

Posted: March 9th, 2010

Monsanto Technology LLC v. Cefetra BV and others, Opinion of Advocate General Mengozzi, Court of Justice of the EU, 9 March 2010, Case No. C-428/08
Today, Advocate General Mengozzi of the Court of Justice of the EU has rendered his opinion in the much debated Monsanto v. Cefetra case.
After examining the wording and aims of the directive on the legal protection of biotechnological inventions, Advocate General Mengozzi



Posted: March 8th, 2010

Crocodile IKSL B.V.v. PTI BVBA, ex parte provisional seizure, District Court Amsterdam, 17 February 2010, Case No. 451576 / KG RK 10-680
IKSL B.V. requested leave to provisionally seize


CEIPI – ‘Towards a European Patent Court’

Posted: March 5th, 2010

“The Center for International Intellectual Property Studies (CEIPI) on 16 and 17 April 2010 holds a conference at the European Parliament in Strasbourg on the topic: “Towards


UK / DE / EPO – Recent relevant cases

Posted: March 4th, 2010

A set of recent relevant EPO, German and UK cases, inlcuding extended summaries (listed below) has been added to the blog. The posts are published on the date of the judgment. With thanks to Tilmann Müller-Stoy, Bardehle & Pagenberg and Marc Döring and Rowan Freeland, Simmons & Simmons.   UK – Generics v Daiichi / AppealUK […]


EPO – Benoît Battistelli (France) elected EPO President

Posted: March 2nd, 2010

In June 2009, the Administrative Council of the European Patent Organisation initiated proceedings for the election of Ms Brimelow’s successor as President of the European Patent Office. Four candidates fulfilled the formal requirements for an application but in the following regular meetings of the Council none of the candidates was able to collect the necessary […]


EU – Council Resolution on the enforcement of IP rights in the IM

Posted: March 2nd, 2010

Council Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market
“The Council of the European Union, […] stresses, in the context of the establishment and functioning of the internal market, the importance of using all appropriate means


EU – Kirin Amgen / Opinion A-G re SPC

Posted: March 1st, 2010

Kirin Amgen v. Lithuania, Court of Justice, preliminary question, SPC, opinion A-G Bot, 25 February 2010, Case No. C-66/09
Kirin Amgen applied for an ABC for Aranesp in Lithuania based on its EU Marketing Authorisation (MA) (granted according to Reg. 2309/93) while it did not have a national MA in Lithuania. Article 19a(e) of Regulation 1768/92 stipulates that