EPLAW PATENT BLOG

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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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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