DE – Merck Sharp & Dohme Corp. v. ratiopharm – Ezetimibe/Simvastatin

Posted: October 9th, 2018

Merck Sharp & Dohme Corp. vs. ratiopharm GmbH et al., District Court of Düsseldorf, 1 October 2018, docket no. 4b O 39/18 – Ezetimibe/Simvastatin The Düsseldorf District Court recently overturned several preliminary injunctions (“PIs”) that it had initially granted ex parte against generic companies, including ratiopharm GmbH. The case concerns the German supplementary protection certificate […]


UPC – reply to Max Planck impact study of Brexit on the Unitary Patent Protection and its Court

Posted: October 8th, 2018

Reply to the studies on “The Impact of Brexit on Unitary Patent Protection and its Court” by Hans Ullrich and Matthias Lamping An anonymous writer, writing under the pseudonym Atticus Finch, has delivered a detailed reply to the study of Messrs. Matthias Lamping and Hans Ullrich, research fellows of the Max Planck Institute, “The Impact of Brexit […]


CJEU – Opinion AG / Staat der Nederlanden v. Warner Lambert / SPC / Carve out

Posted: October 5th, 2018

Opinion of Advocate General Kokott, 4 October 2018, Case C‑423/17, Staat der Nederlanden v. Warner-Lambert Company LLC A communication whereby the marketing authorisation applicant or holder for a generic medicine, notifies the authority that he is not including in the summary of product characteristics and the package leaflet, those parts of the summary of product […]


DE – Schutzverkleidung für funktechnische Anlagen / prior use

Posted: September 26th, 2018

The right of prior use of a manufacturing supplier: Can a merely indirect act of prior use legitimize a direct act of use? “Schutzverkleidung für funktechnische Anlagen” – Higher Regional Court of Düsseldorf, 14 March 2018, docket no. I-15 U 49/16 According to the Higher Regional Court of Düsseldorf, a supplier who supplied all components […]


DE – Improved analysis and measurement methods

Posted: September 25th, 2018

LG Düsseldorf, Improved analysis and measurement methods, judgment of 12.07.2018, 4a O 36/17 (not yet published) The Regional Court in Düsseldorf had to decide on a peculiar case. It is common in German Patent law, that the knowledge of an average specialist at the time of the filing date/priority date is decisive for claim construction. […]


NL – Dutch Patent Office v. Bayer

Posted: September 24th, 2018

Dutch Patent Office v. Bayer Schering Pharma Aktiengesellschaft, Administrative Jurisdiction Division of the Council of State, 19 September 2018, Case No.  ECLI:NL:RVS:2018:3058 The Dutch Patent Office earlier rejected Bayer’s SPC application for a multi phase birth control pill (Qlaira) based on natural estrogens estradiol valerate and dienogest. The Dutch Patent Office rejected the SPC application, […]


NL – Novozymes & Univar vs. DSM

Posted: September 21st, 2018

Novozymes & Univar vs. DSM, Court of Appeal of The Hague 4 September 2018, ECLI:NL:GHDHA:2018:2155 DSM IP Assets B.V. (“DSM”) is the manufacturer of, inter alia, the lactase product Maxilact, which is used to purify dairy from lactose. Moreover, DSM is the applicant of EP 1 954 808 (“EP 808”) called “Enzyme preparation yielding a […]


EPLAW – save the date – General Assembly and Congress 2018

Posted: September 20th, 2018

The General Assembly and Congress of the EPLAW Patent Lawyers Association will be held on 30 November 2018 in Brussels. The agenda and the details for registration will be provided separately to EPLAW members. As in the previous years, a reception will be held on the evening before the Congress.


New Book – Patent Wars, How Patents Impact our Daily Lives

Posted: September 14th, 2018

Oxford University Press presents a new book providing a broader view on patent law and the role of patents in society. Central message from the author of the book is that “there’s so much we don’t know for sure, even after all these years of granting, revoking, licensing, and fighting over patents. Do patents really […]


NL – Nikon v. ASML and Zeiss / Case No. 10 – Request to intervene

Posted: September 13th, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V. and Carl Zeiss SMT GmbH, District Court of The Hague, 5 September 2018, Case No. ECLI:NL:RBDHA:2018:10700 Zeiss is not allowed intervene on the side of ASML in the action between ASML and Nikon. Zeiss timely submitted its request to intervene according to […]