EPLAW PATENT BLOG

Young EPLAW – Program and Registration

Posted: March 31st, 2011

The program of the Young EPLAW meeting which is to take place in Brussels on 9 May, has now been announced. It promises to become an interesting meeting for patent lawyers up to 36 years old, with the following topics: – After the EUCJ Opinion 01/09: how to move forward with the Patent Court Agreement […]

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FR – Institut Pasteur v. Chiron Healthcare & Novartis / Cour de cassation

Posted: March 30th, 2011

Institut Pasteur v. Chiron Healthcare & Novartis Vaccines & Diagnostics, French Cour de cassation, 23 November 2010, Case No. 1194 F-D, with thanks to Pierre Véron, Véron & Associés, for sending in the judgment, summary and translation in English The French Cour de cassation gives here its first decision in a case for infringement of […]

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UK – Shütz v. Werit / Appeal

Posted: March 30th, 2011

Shütz (UK) Ltd v. Werit (UK) Ltd, Court of Appeal, London, UK, 29 March 2011, Case No. Case No: [2011] EWCA Civ 303 The facts of Shutz (UK) Ltd v Werit (UK) Ltd concern intermediate bulk containers (IBCs). These consist of an outer protective cage and a removable plastic inner bottle capable of holding 1000 […]

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UK – Les Laboratoires Servier v. Apotex / damages

Posted: March 29th, 2011

Les Laboratoires Servier, Servier Laboratories Limited v. Apotex Inc, Apotex Pharmachem Inc, Apotex Europe Limited and Apotex UK Limited, High Court of Justice, Chancery Division, Patents Court, London, UK, 29 March 2011, Case No. [2011] EWHC 730 (Pat) The issue decided in this case is whether a patentee who has obtained an interim injunction from a […]

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DE – Pralinenform II

Posted: March 29th, 2011

Pralinenform II, infringement proceedings, German Federal Supreme Court, 22 April 2010, Docket No. I ZR 17/05 The German Federal Supreme Court decided in a trademark case that the mere presentation of products at a German trade fair is not automatically regarded as an offer of these products or as a putting of these products on […]

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DE – Gleitlagerüberwachung (plain bearing monitoring)

Posted: March 29th, 2011

Gleitlagerüberwachung (plain bearing monitoring), nullity proceedings, German Federal Supreme Court, 31 August 2010, Docket No. X ZR 73/08 In case a patent specification is criticizing prior art, this may give reason to the person skilled in the art to further develop this prior art in a different way, except in case the critic was made […]

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DE – Walzgerüst II (Rolling Stand II)

Posted: March 29th, 2011

Walzgerüst II (Rolling Stand II), nullity proceedings, German Federal Supreme Court, 7 September 2010, Docket No. X ZR 173/07 In case of a complex embodiment whose components or modules can just be moved in limited directions, an invention related to the movement of one component is not lacking an inventive step, if the specific way […]

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DE – Kinderhochstuhle im Internet (Children’s high chairs on the internet)

Posted: March 29th, 2011

Kinderhochstuhle im Internet (Children's high chairs on the internet, infringement proceedings, German Federal Supreme Court, 22 Juli 2010, Docket No. I ZR 139/08 The German Federal Supreme Court decided in a trademark case that operators of internet marketplaces, whose customers can offer its products automatically without the verification of the operator, are not obliged to […]

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DE – Novartis v. Actavis / SPC Valsartan

Posted: March 24th, 2011

Novartis AG v. Actavis Deutschland GmbH and Actavis Ltd, Malta, Düsseldorf District Court, Germany, 8 March 2011, Case No. 4b O 280/10, with thanks to Frank-Erich Hufnagel and Cordula Tellmann, Freshfields, for sending in the case, including a translation and summary in English "In preliminary proceedings initiated by Novartis AG against Actavis the Düsseldorf District […]

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NL – Sony / LG – PS3 Seizures lifted

Posted: March 24th, 2011

LG Electronics Inc v. Sony supply Chain Solutions (Europe) B.V., Provisional Relief Judge, District Court The Hague, 10 March 2011, with thanks to Frank Eijsvogels, Bart van den Broek, David Owen and Geert Theuws Hoyng Monégier * Now including the entire judgment (in Dutch) * The judge ordered on 10 March that LG's much discussed attachments […]

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