EPLAW PATENT BLOG

NL – Novozymes v. DSM Food Specialties

Posted: May 21st, 2010

Novozymes v. DSM Food Specialties, District Court The Hague, The Netherlands, 19 May 2010, with thanks to Simon Dack, De Brauw Blackstone Westbroek
Novozymes holds a European patent concerning a method preparing dough comprising, amongst other things, adding a lipolytic enzyme having activity towards digalactosyl diglyceride and the phospolipid (EP 1 131 416). Adding this lypolytic enzyme is said to help produce emulsifiers in the dough which would enhance its quality. DSM introduced its Panamore product, a direct competitor of Novozymes’ Lipopan products, in 2008. Novozymes is of the opinion that DSM’s Panamore product infringes on Novozymes European patent. DSM’s defends itself by…

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NL – Agfa Graphics v. Chendu Xingraphics and A. Ten Cate Offsetprodukten

Posted: May 20th, 2010

AGFA Graphics N.V. v. Chendu Xingraphics Co. Ltd and A. Ten Cate Offsetprodukten B.V., District Court The Hague, 11 May 2010, Case No. 361875 / KG ZA 10-359 Agfa holds a patent for a method for making positive photosensitive lithographic printing plate and claims that Xingraphics and Atece (indirectly) infringe upon that patent. In an […]

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NL – Van Beelen Industrie en Handel v. Otter Ultra Low Drag

Posted: May 20th, 2010

Van Beelen Industrie en Handel B.V. v. Otter Ultra Low Drag Limited, Court of Appeal The Hague, 30 March 2010, Case No. 105.006.802/01, with thanks to Huib Mars, Aries Advocaten
Van Beelen does not indirectly infringe upon Otter’s patent by delivering the so-called ‘Stealth Rope’ to trawl net makers. The rope is not to be considered as a ‘means for working the invention, in respect of an essential part of the invention’. In addition, …

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EU – ECJ will decide on European Patent Court System

Posted: May 16th, 2010

ECJ will decide on European Patent Court System, EPLAW Information, prepared by Winfried Tilmann, Hogan Lovells
On May 18, the European Court of Justice (ECJ) will hold an oral hearing on the request of the Council of the European Union for an Opinion on the compatibility of the proposed European Patent Court System with European Treaty Law. Art. 300 (6) TEC(Nizza) and Art. 218 (11) TFEU(Lisbon) give to the Council the right to obtain the opinion of the Court as to whether an agreement envisaged is…

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DE – Walzenformgebungsmaschine

Posted: May 16th, 2010

Walzenformgebungsmaschine, Bundesgerichtshof, Federal Court of Justice, Germany, 15 April 2010, Case No. Xa ZB 10/09, with thanks to Bernhard Arnold, Arnold Ruess
The German courts have to take into account decisions made by the instances of the European Patent Office or by courts of other contracting states of the European Patent Convention which concern a substantially equal question, and have to discuss the grounds, as the case may be, which …

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EPO – Enlarged Board of Appeal G 3/008 – Computer Implemented Inventions / Inadmissable

Posted: May 14th, 2010

Enlarged Board of Appeal, 12 May 2010, Case no. G 3/008, with thanks to Willem Hoyng, Howrey "T 424/03, Microsoft does deviate from a view expressed in T 1173/97, IBM, concerning whether a claim to a program on a computer-readable medium necessarily avoids exclusion from patentability under Article 52(2) EPC. However this is a legitimate […]

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NL – Personality Hair Great Lengths B.V. v. Great Lengths

Posted: May 14th, 2010

Personality Hair Great Lengths B.V. and Great Lengths International S.R.L., v. Euro Hair Fashion Holding B.V., District Court The Hague, The Netherlands, 12 mei 2010, HA-ZA 09-874, with thanks to Willem Hoorneman, CMS Derks Star Busmann
Dispute regarding a Dutch patent for a tool to remove hair extensions. Great Lengths is admissible in its invalidity claims, even though it did not …

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SE – Pullman-Ermator v. Dustcontrol International

Posted: May 13th, 2010

Pullman-Ermator AB v. Dustcontrol International AB, patent invalidity etc., Svea Court of Appeal, Sweden, 27 April 2010, Case No. T 5824-08 The case concerned a patent for a filter cartridge suitable for use in the outlet of a cyclone dust separator. The filter cartridge was characterized by the filter body being partly surrounded by a […]

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EU – Commission consults on review of rules applicable to horizontal co-operation agreements / standard-setting arrangements

Posted: May 12th, 2010

"The European Commission has published draft Regulations and Guidelines for the assessment of co-operation agreements between competitors, so called horizontal co-operation agreements. The objective of these proposals is to update and further clarify the application of competition rules in this area and to ensure their continuing relevance in the changing economy of today. Interested parties […]

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UK – Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents

Posted: May 7th, 2010

Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents, High Court of Justice, Chancery Division, Patents Court, London, UK, 6 May 2010, Case No. [2010] EWHC 976 (Pat)
On 6 May 2010, the English High Court handed down its judgment in Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents upholding a decision of the UK Intellectual Property Office not to grant a supplementary protection certificate for a product containing the active ingredient melatonin, on the basis that the condition set out in Article 3(d) of regulation 1768/92/EEC was not satisfied.

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