EPLAW PATENT BLOG

NL – Sufficiency of disclosure finally on the Dutch radar

Posted: July 6th, 2010

Sufficiency of disclosure finally on the Dutch radar: District Court The Hague 19 May 2010,  Case  No. 348157/HA ZA 093220 (Novozymes v. DSM), by Wim Maas and Charlotte de Boer, Banning     IntroductionIn a recent case between Novozymes and DSM the District Court of the Hague passed a very interesting and well-motivated decision on […]

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ECJ – Monsanto v. Cefetra and others

Posted: July 6th, 2010

Monsanto Technology LLC v. Cefetra BV, Cefetra Feed Service BV, Cefetra Futures BV, Alfred C. Toepfer International GmbH, Intervener in support of the defendant: Argentine State, Judgment of the Court (Grand Chamber), 6 July 2010, Case C 428/08, with thanks to John Allen and Paul van Dongen, Nauta Dutilh
On those grounds, the Court (Grand Chamber) hereby rules:
1. Article 9 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions is to be interpreted as …

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AstraZeneca / Commission decision upheld by General Court

Posted: July 1st, 2010

AstraZeneca AB and Astrazeneca Plc v. European Commission, Judgment of the General Court, 1 July 2010, Case No. T 321/05 The General Court largely upholds the European Commission decision in AstraZeneca. A provisional summary in quotes. Dominance270 As regards the grounds of complaint regarding the relevance attached to intellectual property rights and rights conferred by […]

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UK – Medtronic CoreValve v. Edwards Lifesciences

Posted: June 30th, 2010

Medtronic CoreValve LLC (formerly CoreValve Inc) v. Edwards Lifesciences AG and Edwards Lifesciences PVT Inc, High Court of Justice, Court of Appeal (Civil Division), Lord Justice Jacob, London, UK, 30 June 2010, [2010] EWCA Civ 704
The patentee (Edwards) appealed the decision, [2009] EWHC 6 (Pat), of Peter Prescott QC, who held that the claimant’s heart valve device (‘CoreValve’) did not infringe Edwards’ EP (UK) No. 0592410 but that the Patent is valid. The ‘bifurcated’ apeal only deals with infringement. Lord Justice Jacob concludes …

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US – Supreme Court – Machine-or-transformation test applied by CAFC useful and important, but not the sole test for deciding whether an invention is a patent-eligible “process”; nor does the term “process” categorically exclude business methods

Posted: June 30th, 2010

Supreme Court of the United States, 28 June 2010, Opinion No. 08-964 in Bernard L. Bilski and Rand A. Warsaw, Petitioners v. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit, summary and […]

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NL – Landor & Hawa International v. Dugros and Duifhuizen

Posted: June 29th, 2010

Landor & Hawa International Ltd v. Dugros BV and Duifhuizen BV, District Court The Hague, The Netherlands, 28 June 2010, Case. no. KG ZA 10-660. This judgment in summary proceedings concerns a European patent on expandable suitcases. The suitcase according to the patent consists of curvilinear base and lid portions which are both enforced with stiffening […]

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FR – Institut Pasteur v. Siemens

Posted: June 29th, 2010

Institut Pasteur v. Siemens Healthcare Diagnostics, Court of First Instance, Paris, France, 28 may 2010, Docket No.: 08/08679, with thanks to Pierre Véron, Véron & Associés for sending in the case and the translation
In this case dealing with detection kits for the quantitative diagnosis of HIV, the First Instance Court of Paris recently decided on (i) file wrapper estoppel and claim construction in light of Article 69 EPC in France as well as (ii) the consequences of claim construction on patent infringement under the Doctrine of Equivalents. …

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UK – Cook Biotech v. Edwards Lifesciences / Appeal

Posted: June 28th, 2010

Cook Biotech Incorporated v. Edwards Lifesciences AG, High Court of Justice, Court of Appeal, London, UK, 28 June 2010, [2010] EWCA Civ 718
“This appeal concerns the validity of European Patent (UK) 1 255 510 (“the Patent”), which was filed on 31 January 2001. The Patent is called “stent” valves …

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NL – Monsanto v. Cefetra and others / settled

Posted: June 28th, 2010

Monsanto Technology LLC v. Cefetra B.V., Cefetra Feed Service B.V., Cefetra Futures B.V. and v. The State of Argentina and Miquel Santiago Campos (secretary of state agriculture) and Monsanto Technology LLC v. Vopak Agencies Rotterdam B.V. and Alfred C. Toepfer International GmbH, Docket Decision, The Hague District Court, The Netherlands, 23 June 2010, Case No. HA ZA 05-2885 and HA ZA 06-2576
Docket decision, showing that Monsanto withdrew …

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UK – The Budget reopens the “Patent Box”

Posted: June 28th, 2010

The Budget reopens the “Patent Box”, by Paul England, Simmons & Simmons The UK Emergency Budget 2010 was released on Tuesday 22 June 2010.  Hidden away in Table 2.4 on Page 55 of the full Budget document is the previous administration's proposal to introduce a “Patent Box”, which is one of the “measures announced by […]

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