EPLAW PATENT BLOG

UK – Illumina v. Premaitha

Posted: April 18th, 2018

(1) Illumina, Inc. & (2) Sequenom, Inc v (1) Premaitha Health plc & (2) Premaitha Limited; (1) TDL Genetics Ltd, (2) The Doctors Laboratory Ltd & (3) Ariosa Diagnostics, Inc. (19 March 2018, Patents Court, UK, Case Nos. HP-2017-000054 and HP-2017-000075) The UK Patents Court refused to strike out two patent infringement actions concerning a […]

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UK – Edwards v. Boston

Posted: April 16th, 2018

Edwards v Boston, UK Patents Court, Floyd LJ, 30-31 January 2018, HHJ Hacon 21 March 2018 The Court of Appeal has upheld the High Court’s decision that one of two patents owned by Boston Scientific Scimed Inc. relating to replacement heart valves was invalid, and the other valid and infringed by Edwards Lifesciences companies. In […]

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NL – Sandoz v. AstraZeneca / invalidity

Posted: April 12th, 2018

Sandoz B.V. v. AstraZeneca AB, District Court The Hague, 11 April 2018, Case No. ECLI:NL:RBDHA:2018:4127 Contrary to earlier PI infringement proceedings, which were confirmed on appeal earlier (see here), the Court in invalidity proceedings instigated by Sandoz ruled that AstraZeneca’s  patent relating to a Fulvestrant formulation marketed under the name FASLODEX® which is used for […]

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ES – FRACTUS v. WIKO / Preliminary injunction / Mobile World Congress IP Fast Action Protocol

Posted: April 5th, 2018

Fractus S.A. v. Wikomobile Iberia S.L., Barcelona Commercial Court No. 5, 16 February 2018, Docket No. 4/2018 In the context of the IP Fast Action Protocol adopted for the 2018 Mobile World Congress (see more information here), the Spanish company FRACTUS, owner of several patents related to antenna technology for wireless devices, filed an inter […]

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NL – Coloplast v. Medical4You / Appeal

Posted: March 30th, 2018

Coloplast holds EP ‘729 for a ‘ready-to-use urine catheter assembly’. The package according to the patent is a so called ‘wet package’. Contrary to the Technical Board of Appeal, the Court of Appeal rules that a catheter in a ‘wet package’ is not inventive. The Court of Appeal further states that once put on the […]

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NL – ICOS v. Teva, Sandoz and Mylan

Posted: March 29th, 2018

ICOS Corporation v. Teva Nederland B.V., ICOS Corporation v. Sandoz B.V., ICOS Corporation v. Mylan B.V., Interlocutory Decisions Judge of the District Court The Hague, 28 March 2018, Case no. ECLI:NL:RBDHA:2018:3456 Three PI proceedings. Main proceedings were stayed earlier. Preliminary injunctions based on Tadalafil patent now denied, since the patent was meanwhile revoked due to […]

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NL – Dutch Competition Authority Working Paper on Dominance abuse and patented pharmaceuticals / excessive pricing

Posted: March 22nd, 2018

Chris Fonteijn, Ilan Akker and Wolf Sauter, ACM Working Paper, March 2018, Reconciling competition and IP law: the case of patented pharmaceuticals and dominance abuse Chris Fonteijn is Chairman of the Dutch authority for consumers and markets (ACM). Ilan Akker and Wolf Sauter work in the Healthcare Taskforce of ACM. Wolf Sauter is also professor of […]

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NL – Teva v. Icos / Tadalafil (Cialis®)

Posted: March 15th, 2018

Teva Pharmaceuticals Europe B.V. v. Icos Corporation, District Court The Hague, The Netherlands, 14 March 2018, Case No. ECLI:NL:RBDHA:2018:2668 Icos (an Eli Lilly and Company subsidiary) holds EP 1 173 181 B3 (‘EP 181’) entitled: ‘Compositions comprising phosphodiesterase inhibitors for the treatment of sexual disfunction.’  Teva seeks to revoke the Dutch part of EP 181. […]

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EU – 8th report on Monitoring of Patent Settlements

Posted: March 13th, 2018

On 9 March 2018 the European Commission issued the 8th report on the Monitoring of Patent Settlements. The main conclusions are: “The eighth monitoring exercise covers the period between 1 January 2016 and 31 December 2016, i.e. 12 months. It confirms that patent settlements continue to be used in the European pharmaceutical sector as shown […]

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UK – CANTEL V. ARC

Posted: March 9th, 2018

Cantel Medical (UK) Ltd and Cantel (UK) Limited v Arc Medical Design Limited [2018] EWHC 345 (Pat), UK Patents Court, Hacon J In order to clear the path to market for its AmplifEYE endoscopic device, Cantel sought revocation and declarations of non-infringement of Arc’s UK national and European patents relating to Arc’s Endocuff and Endocuff […]

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