EPLAW PATENT BLOG

DE – Holzhäcksler / infringement

Posted: May 18th, 2009

Holzhäcksler (Wood chaff cutter), infringement proceedings (preliminary injunction and validity), Court of Appeals Düsseldorf, 18 May 2009, Docket No. 2 U 140/08 The Court refused to grant a preliminary injunction for patent infringement because the patent in dispute lacked sufficiently secure validity due to contradicting votes in view of the same set of facts and […]

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UK – LEO Pharma v. Sandoz Limited / First instance

Posted: May 15th, 2009

LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Chancery Division, Patents Court, UK, 15 May 2009, Docket No. HC08C00391, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons Sandoz unsuccessfully challenges Leo's patent on the basis that the claimed invasion is anticipated by and/or it […]

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DE – Pneumatisches Schlagwerkzeug / infringement

Posted: May 14th, 2009

Pneumatisches Schlagwerkzeug (Pneumatic striking tool), infringement proceedings (introducing a new claim on appeal), Court of Appeals Düsseldorf, Germany, 14 May 2009, Docket No. 2 U 65/04 Asserting a claim for destruction of the infringing embodiments for the first time in the appeal instance is a generally admissible extension of the original complaint. Read the judgment […]

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IT – Saip & Schyller, Schneider Electric Industries / Optima

Posted: May 14th, 2009

Saip & Schyller S.p.A., Schneider Electric and Industries Sas and Schneider Electric S.p.A. re 'Optima', appeal from decision rejecting a preliminary injunction, Milan Court, Italy, 14 May 2009, Docket No. 5439/09, With thanks to Sandro Hassan, Siblegal Rejected appeal from a decision rejecting a request for preliminary injunction due to doubts both as to infringement […]

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IT – Gipron Giuseppe Pronzati v. Masters

Posted: April 23rd, 2009

Gipron Giuseppe Pronzati S.P.A. v. Masters S.R.L., Italian Supreme Court, Italy, 23 April 2009, Docket No. 19688/2009, with thanks to Sandro Hassan, Siblegal The Supreme Court confirms that damages for infringements can only be claimed as from the date on which a patent application was either laid open to the public or formally served upon […]

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EPO – Board of Appeal T 1143/06 / Data selection system

Posted: April 1st, 2009

EPO, Board of Appeal 3.5.01, 1 April 2009, Docket No. T 1143/06 – Data selection system
The Board confirmed a strict approach regarding the treatment of features relating to a presentation of information in view of inventiveness and confronted the more liberal view expressed by a different Board. In the present case, the deciding Board held that a feature which relates to the manner how cognitive content is conveyed to the user on a screen normally does not contribute to a technical solution to a technical problem.

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FR – Johnson&Johnson v. Novartis

Posted: March 25th, 2009

Johnson&Johnson c.s. v. Novartis, infringement and invalidity proceedings, Tribunal de Grande Instance, Paris, France, 25 March 2009, Docket No. 07/13504, with thanks to Pierre Véron, Véron & Associés This action is part of the wider (ophthalmic lens) dispute between the same parties in the US, Australia and various European countries (Germany, Britain and Italy). Although […]

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DE – Italian Torpedo

Posted: March 17th, 2009

Italienischer Torpedo/Italian Torpedo – patent infringement, Düsseldorf Regional Court, Germany, 17 March 2009, Case No.: 4b O 218/08  The only factual requirements pursuant to Article 27 Council Regulation (EC) no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are the identity of the parties and […]

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FR – Institut Pasteur v. Chiron

Posted: March 4th, 2009

Institut Pasteur v. Chiron Healthcare c.s., appeal in infringement proceedings, Cour d'Appel, Paris, France, 4 March 2009, Docket No. 07/08437, with thanks to Pierre Véron, Véron & Associés Even a pioneer patent cannot be granted a general scope if its claims are drafted using restrictive words. A non-ambiguous claim with a narrow scope cannot be […]

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DE – Standards and FRAND

Posted: February 27th, 2009

Infringement proceedings (Standards and FRAND), Mannheim Regional Court, Germany, 27 February 2009, Case No.: 7 O 94/08 The declaration by the owner of a patent vis-à-vis a standardisation organisation to grant a licence to any interested party at conditions which are fair, reasonable and not discriminating is not in rem disposition over the patent, but […]

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