EPLAW PATENT BLOG

AT – Nebivolol

Posted: April 15th, 2010

Nebivolol, limitation of patent claims, Austrian Supreme Court (Oberster Gerichtshof) 19 November, 2009, Case No. 17 Ob 24/09t
A limitation of a patent claim is only admissible if it leads to a narrower scope of protection and does not go beyond the original disclosure of the patent. Under these conditions, the patent owner is free to base an infringement action on a limited version of its claims, irrespectively of initiating formal limitation proceedings.

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UK – Betson Medical (Ireland) Limited v. Comptroller General of Patents

Posted: April 13th, 2010

Betson Medical (Ireland) Limited v. Comptroller General of Patents, High Court of Justice, Patents Court, London, UK, 31 March 2010, Case No. [2010] EWHC 687 (Pat) The Patents Court has rejected Betson Medical’s appeal of the decision of the UK Intellectual Property Office (IPO) to reject Betson Medical’s application to restore EP (UK) 0 957 […]

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FR – Du Pont v. Mylan, Losartan SPC (first instance)

Posted: April 13th, 2010

Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (first instance), Pres. Paris District Court, France, Docket No. 10/51453, 12 February 2010
According to the President of the Paris District Court, the basic patent for Losartan covers any product comprising Losartan, including a product comprising Losartan and another product such as a diuretic, like HCTZ.

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NL – Mundipharma Pharmaceuticals v. Sandoz

Posted: April 13th, 2010

Mundipharma Pharmaceuticals B.V. v. Sandoz B.V. District Court The Hague, The Netherlands, 7 April 2010, Docket No. 340373 / 09-2029, with thanks to Willem Hoyng, Howrey
In today’s judgment the District Court of The Hague ruled that Mundipharma’s EP 730 as granted relating to the controlled release oxycodone formulation, OxyContin®, is

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HU – Preliminary Injunction pharmaceutical confirmed

Posted: April 12th, 2010

Metropolitan Appeal Court, Budapest, Hungary, preliminary injunction, 6 April 2010, with thanks to József Tálas, Sár and Partners Attorneys-at-Law and Imre Molnár, Danubia Patent and Law Office
The Metropolitan Appeal Court of Budapest, acting as court of second instance has confirmed the decision of the Metropolitan Court ordering a preliminary injunction (prohibition of distribution, seizure, withdrawal from commerce).

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SE – Hilding v. Wonderland

Posted: April 8th, 2010

Hilding Aktiebolag v. Wonderland AS, District Court of Stockholm, 12 March 2010, Docket Nos. T 29062-06 / T 22004-06 (joint cases)
In joint infringement and invalidity proceedings, the District Court of Stockholm declared Wonderland’s European patent invalid for Sweden in a judgment in the invalidity case (T 29062-06). The patent was declared invalid due to lack of inventive step.

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SPCs and Combination Products

Posted: April 8th, 2010

There have been quite a number of recent developments in European SPC cases relating to combination products. Courts seem to have difficulties in dealing with this issue and various tests regarding validity and infringement have been developed by different national courts.
In today’s SPC and Combination Products special, editors Philippe de Jong (Altius) and András Kupecz (Simmons & Simmons) focus on these validity issues and infringement issues. The contributions can both be read jointly and separately.

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HU – Preliminary Injunction refused concerning a Combination Patent

Posted: April 7th, 2010

Metropolitan Appeal Court, Budapest, Hungary, preliminary injunction/combination patent, 2 April 2010, with thanks to József Tálas, Sár and Partners Attorneys-at-Law and Imre Molnár, Danubia Patent and Law Office
The Metropolitan Appeal Court, acting as court of second instance has refused to grant preliminary injunction based on a patent covering the combination of two known pharmaceutical active ingredient

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DE – Thermoplastische Zusammensetzung (thermoplastic composition)

Posted: April 6th, 2010

Thermoplastische Zusammensetzung (thermoplastic composition), invalidity proceedings, Federal Supreme Court, Germany, 25 February 2010, Docket No. Xa. ZR 100/05
A workable disclosure of the invention might be denied if the protected subject-matter is generalized by open area specifications for physical characteristics in the patent claim beyond the solution given to the person skilled in the art with the entirety of documents

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DE – Gelenkanordnung (hinge arrangement)

Posted: April 6th, 2010

Gelenkanordnung (hinge arrangement), infringement proceedings, Federal Supreme Court, Germany, 4 February 2010, Docket No. Xa. ZR 36/08
Determining the technical problem underlying a patent is part of the interpretation of the patent claim. It is to be developed out of what the invention actually achieves. Information in the description

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