EPLAW PATENT BLOG

EU – Export and stockpiling exception

Posted: February 21st, 2019

The EU is about to introduce an export and stockpiling exception, limiting the protection granted to SPC holders. From the press release: “The EU is adopting new rules which should boost the competitiveness of EU producers of generic medicines and biosimilar products. Member states’ ambassadors meeting today in Coreper endorsed a deal reached on 14 […]

READ MORE

DK – FRESENIUS KABI V. ELI LILLY (PEMETREXED)

Posted: February 21st, 2019

Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”) v. Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”), the Danish Eastern High Court, 20 December 2018, Case number B-2735-17 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use of the […]

READ MORE

CJEU – The Netherlands v. Warner-Lambert

Posted: February 19th, 2019

CJEU – Staat der Nederlanden v. Warner-Lambert Company LLC, Judgment of the Court, 14 February 2019, Case No. C‑423/17 [I]n a marketing authorisation procedure […], communication to the competent national authority by the applicant or holder of a marketing authorisation for a generic medicinal product of the package leaflet or a summary of the product […]

READ MORE

NL – Accord v. NPS / cinacalcet

Posted: February 19th, 2019

Accord vs. NPS; cinacalcet, District Court of The Hague 6 February 2019, Case No. ECLI:NL:RBDHA:2019:934  Introduction Shire-NPS Pharmaceuticals Inc. (“NPS”) was the patentee of EP 1 203 761 B1 (“EP 761”) titled “Calcium receptor-active compounds” that was granted on 19 January 2005. The subject matter of EP 761 is, inter alia, the pharmaceutical compound cinacalcet, […]

READ MORE

NL – Fast & Fluid Management v. Santint and Zhengzhou Sanhua Technology & Industry

Posted: February 15th, 2019

Fast & Fluid Management B.V. v. Santint B.V. and Zhengzhou Sanhua Technology & Industry Co., Ltd., Judge in interlocutory proceedings, District Court The Hague, The Netherlands, 8 February 2019, Case no. ECLI:NL:RBDHA:2019:1105 Fast & Fluid demanded a preliminary injunction against Santint and Zhengzhou due to alleged infringement on its EP 970 for a ‘valve assembly’. […]

READ MORE

DE – AstraZeneca v. Hexal – fulvestrant and 2nd medical use

Posted: February 14th, 2019

AstraZeneca AB vs. Hexal AG, Court of Appeal Düsseldorf, docket no. I-2 U 29/18, with thanks to Cordula Schumacher, ARNOLD RUESS, for sending in the decision, translation and a headnote *** Now including an English translation *** The Düsseldorf Court of Appeal further specifies how to deal with 2nd medical use claims. The case dealt with […]

READ MORE

UK – Technetix v. Teleste

Posted: February 13th, 2019

Technetix B.V. & Ors v. Teleste Limited, High Court, London, UK, 29 January 2019, Neutral Citation Number: [2019] EWHC 126 (IPEC) This case was brought by the patentee, Technetix B.V (and two licensees) claiming infringement of UK Patent No. 2,382,473 B (“UK’473”), a patent relating to cable tap units used in the distribution of signals […]

READ MORE

UK – Illumina and Sequenom v. TDL Genetics Limited

Posted: February 12th, 2019

Illumina, Inc and Sequenom, Inc v TDL Genetics Limited, The Doctors Laboratory Limited and Ariosa Diagnostics, Inc, Patents Court, London, UK, 22 January 2019, Case no. [2019] EWHC 79 (Pat) This application was made by the Claimants for an order that they are entitled to receive confidential information under the terms of an existing confidentiality […]

READ MORE

NL – Sandoz v. Eli Lilly / Pemetrexed / validity

Posted: February 8th, 2019

Sandoz International GmbH v. Eli Lilli and Company, District Court The Hague, The Netherlands, 16 January 2019, Case no. ECLI:NL:RBDHA:2019:321, now including a full summary and a translation in English of the judgment, both provided by Bert Oosting, Klaas Bisschop, Dirk-Jan Ridderinkhof and Joost Duijm Hogan Lovells  On 16 January 2019, the District Court of The Hague ruled […]

READ MORE

UK – Garmin v. Philips

Posted: February 8th, 2019

Garmin (Europe) Limited v Koninklijke Philips N.V., Patents Court, London, UK, 29 January 2019, case no. [2019] EWHC 107 (Ch) This was a claim brought by Garmin for revocation of Philips’ patent EP (UK) 1,076,806 B1 relating to a portable GPS based athletic performance monitor and to the use of the device in an external […]

READ MORE