EPLAW PATENT BLOG

Breakthrough for EU patent / single European Patent Court

Posted: December 4th, 2009

"It will be cheaper and easier for inventors and companies to protect their innovations in the EU. The EU Member States agreed today on the main elements of the EU patent and a single European Patent Court. The agreement represents a significant step towards a final solution for the EU patent." Read more here.

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BE – GSK Biologicals v. Novartis

Posted: December 4th, 2009

Glaxo Smith Kline Biologicals v. Novartis, appeal in descriptive seizure proceedings, Brussels Court of Appeal, Belgium, 4 December 2009, Docket No. 2009/KR/269  Disclosure of confidential information in annexes of the report of a descriptive seizure harms the legitimate interest of GSK, since the information is irrelevant to establish infringement. The risk of use of irrelevant […]

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NL – Street Surfing LLC v. Alcom Computer Products B.V.

Posted: December 2nd, 2009

Street Surfing LLC v. Alcom Computer Products B.V. ,  preliminary injunction proceedings, The Hague District Court, The Netherlands, 2 December 2009, Docket No. 345784 / KG ZA 09-1122 An unregistered license can form the basis of an enforcement action against a third party if the third party, as currently is the case, is aware of […]

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BE – Belgian Supreme Court prohibits fishing expeditions

Posted: November 26th, 2009

Ineos Manufacturing Belgium NV and Ineos Services Belgium NV / Chevron Phillips Chemical Company LP, Belgian Supreme Court, 26 November 2009, Docket number C.08.0206.N 'Beslag inzake namaak / saisie contrefaçon' – Interpretation of Article 1369bis/1 of the Belgian Judicial Code and Articles 2 and 7, al. 1 of the Enforcement Directive – Interpretation of the […]

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DK – Lundbeck v. Pharma Change & Actavis

Posted: November 26th, 2009

Lundbeck a/S vs. Pharma Change Aps & Actavis A/S., Danish Enforcement Court of Helsingor, 26 November 2009, Docket No. FS FO-9921/2009, with thanks to Anders Valentin, Horten After having initially filed an application for an inter partes injunction prohibiting the wholesaler Pharma Change Aps to sell or use a pharmaceutical containing a specific API (Active […]

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UK – LEO Pharma v. Sandoz Limited / Appeal

Posted: November 17th, 2009

LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Court of Appeal (Civil Division), UK, 17 November 2009, Docket No. No: A3/2009/131, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons Unusual obviousness attack (that is, where the skilled person would have come upon the invention […]

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About our Banner

Posted: November 17th, 2009

Have you been wondering what the picture in our banner is? It is part of a patent drawing from Thomas Edison’s patent on an electric fluorescent lamp. Why did we pick this picture? Well, almost every website, conference, book, etc. about patents and innovation seems to have a light bulb as decoration. Our image refers […]

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ES – Janssen v. Teva – Galantamine / Interim Injunction Appeal

Posted: November 16th, 2009

Janssen Pharmaceutica NV & Janssen-Cilag, S.A. v.Teva Genéricos Española, S.L., Court of Appeal (28th Section), Madrid, Spain, 16 November 2009, Docket No. 184/09 Section 28 of the Court of Appeal of Madrid has recently confirmed the first instance decision ordering Teva Genéricos Española (Teva) to temporarily refrain from commercializing in Spain generic drugs with the […]

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FR – S.A. GenOway v. S.A. Cellectis

Posted: November 12th, 2009

S.A. GenOway v. S.A. CELLECTIS, termination of license agreement, Tribunal de Grande Instance, Paris, France, 12 November 2009, Docket No. 09/00768, with thanks to Pierre Véron, Véron & Associés
Termination of a license agreement. Genoway failed to fulfil its contractual obligations by going beyond the rights that had been granted to it and by not complying with a marking obligation that cannot be considered as accessory or pointless.

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Exclusive jurisdiction Tribunal de Grande Instance (Paris)

Posted: November 3rd, 2009

With thanks to Pauline Debré, Bird&Bird As of November 1, 2009, the Tribunal de Grande Instance in Paris (the first instance court) has exclusive jurisdiction for all patent actions brought in France. The change results from of Decree n° 2009-1205, which was issued on October 9, 2009. The Decree applies to patents, utility certificates, supplementary […]

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