EPLAW PATENT BLOG

NL – Sandoz cs v. Merck

Posted: October 29th, 2010

Sandoz B.V. and Hexal AG v. Merck Sharp & Dohme Corp., District Court The Hague, The Netherlands, 27 October 2010, Case No. HA ZA 09-4241
The District Court of The Hague has invalidated the Dutch part of MSD’s European Patent relating to an ophthalmic drug for treatment of glaucoma. The patent claims describe a medicinal product consisting of a combination of dorzolamide

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FR – Novartis v. Johnson & Johnson

Posted: October 27th, 2010

Johnson & Johnson Medical Limited, Johnson & Johnson Vision Care Inc and Ethicon v. Novartis AG, Cour d'Appel of Paris, France, 27 October 2010, Case no. 09/08135 Various decisions were handed down earlier in the worldwide litigation brought by Novartis against Johnson & Johnson about a patent for contact lenses. In a decision of Wednesday […]

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EPO – Technical Board of Appeal 3.3.08 renders decision on automatic genotype determination in the field of bioinformatics. Features pertaining to a general manner of analysing data are found to be ignored in assessing inventive step

Posted: October 27th, 2010

Beckman Coulter Inc. (patentee) v. Roche Diagnostics GmbH (opponent), Technical Board of Appeal 3.3.08, 23 June 2010, Case No. T 0784/06-3.3.08, with thanks to Stefan Steinbrener, Bardehle Pagenberg, for sending in the case, summary and head note This appears to be the first decision of an EPO board of appeal explicitly dealing with aspects of bioinformatics. […]

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UK – Tate & Lyle v Roquette Frères

Posted: October 26th, 2010

Tate & Lyle Technology Ltd v Roquette Frères, Court of Appeal (Civil Division), on appeal from the High Court of Justice, London [2010] EWCA Civ 1049 The Court of Appeal has dismissed the appeal brought by the patentee, Roquette Frères (“Roquette”), against a decision of the Patents Court (Lewison J) that the patent-in-suit was invalid […]

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NL – Multispike v Middenweg

Posted: October 26th, 2010

Multispike B.V. v. Middenweg B.V., Cooperatieve Rabobank Bommelerwaard U.A. and Cooperatieve Bloemenveiling FloraHolland U.A. and J.B. Beheer B.V. and [X] v. Middenweg B.V., Middenweg Agro B.V., Cooperatieve Rabobank Bommelerwaard U.A. and Cooperatieve Bloemenveiling FloraHolland U.A., District Court The Hague, The Netherlands, preliminary proceedings, joint cases No. KG ZA 10-1062 and KG ZA 10-1107 Patents relating […]

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NL – CEVA v. Beaphar

Posted: October 25th, 2010

Institut de Recherche en Semiochimie et Ethologie Appliquee and CEVA Santé Animale S.A. v. Beaphar B.V., Beaphar Nederland B.V. and Sergeant’s Inc, District Court The Hague, The Netherlands, 20 October 2010, Case No. HA ZA 10-343 The District Court of The Hague held that selling infringing products to a Dutch company from a third country, […]

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NL – Bayer Healthcare v. Abbott

Posted: October 20th, 2010

Bayer Healthcare LLC v. Abbott B.V., District Court The Hague, The Netherlands, 20 October 2010, Case No. 356145 HA ZA 10-57, with thanks to Geert Theuws, Howrey, for sending in the judgment The District Court of The Hague invalidates the Dutch part of Bayer's patent due to insufficiency. Bayer argues that Abbott's high affinity monoclonal […]

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NL – AGA Medical Corporation vs. Occlutech

Posted: October 20th, 2010

AGA Medical Corporation vs. Occlutech GmbH, Court of Appeal of The Hague, The Netherlands, 19 October 2010, Case no.: 200 020.925/01, with thanks to Marjanka Vermunt, Brinkhof, for sending in the decision AGA is the holder of a European patent relating to a dumbbell shaped collapsible medical devices for delivery trough a channel of the […]

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UK – Grimme v Scott / Appeal

Posted: October 20th, 2010

Grimme Maschinenfabrik GmbH & Co KG v Derek Scott (t/a/ Scotts Potato Machinery), Court of Appeal (Civil Division), High Court of Justice, London [2010] EWCA Civ 1110
The Court of Appeal has allowed the patentee’s, Grimme Maschinenfabrik (“Grimme”), appeal against a decision of the Patents Court (Floyd J) that claim 1 of its patent was invalid for obviousness. Mr Scott’s counterclaim was rejected and the first instance decision on contributory infringement was

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NL – Safeway v. Kedge Holding

Posted: October 19th, 2010

Safeway GmbH v. Kedge Holding B.V., declaration of non-infringement, President of the District Court of The Hague, The Netherlands, 18 October 2010, Case No. 375586 / 10-1120 The Safeway vs. Kedge safety devices story continues (see the previous decisions here and here). After an earlier finding of infringement, Safeway has adapted the devices and now seeks […]

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