CJEU – Mylan v. Gilead / referral C-473/22 / Enforcement Directive

Posted: November 30th, 2022

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive) From the report of the Dutch Ministry of Foreign Affairs: “On 03-12-2009, the National Patent and Registration Office issued the Supplementary Protection Certificate No. 266 in Finland on the basis of the […]


NL – Pharmathen v. Novartis / Appeal

Posted: November 25th, 2022

Pharmathen Global B.V. v. Novartis A.G., Court of Appeal The Hague, The Netherlands, 15 November 2022, Case no. ECLI:NL:GHDHA:2022:2327 Novartis is the holder of – inter alia – European patent EP 2 377 519 B1  entitled ‘Pharmaceutical Composition Comprising Octreotide Microparticles’ Novartis markets an injectable Long Acting Release (hereinafter also: ‘LAR’) product containing octreotide under […]


In Memoriam Gregor Grant

Posted: November 24th, 2022

It is with great sadness that the EPLAW Board heard of the passing of our long-time member and colleague Gregor Grant after a long illness. Gregor was known to many among the patent community across Europe and will be much missed. His funeral will take place on Thursday, 1st December in London. Further details regarding […]


EPO – The Unified Patent Court explained

Posted: November 24th, 2022

The EPO announced that it has published a new trilogy of EPO webinars that outline the Unified Patent Court’s structure and procedures, as well as the timeline for its introduction. Recorded earlier this year in English, the webinars feature UPC experts Kevin Mooney, Klaus Grabinski and Pierre Véron. The webinars and lots of other information […]


UPC – UJUB to hold fourth UPC Mock Trial in Paris – register here

Posted: November 15th, 2022

The UJUB (Union for the Unified Patent Court) will hold its 4th mock trial in Paris on Monday 21 November 2022 from 1:00 pm to 6:00 pm CET This 4th mock trial will take place in the International courtroom of the Paris Commercial Court (which will host the hearings of the Central Division of the […]



Posted: November 8th, 2022

LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022 The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for […]


NO – The EU SPC manufacturing waiver is soon expected to be incorporated into Norwegian law

Posted: November 7th, 2022

Implementation of the SPC manufacturing waiver into Norwegian law, by Guro Nybø, Nora Bratheim, Lars Erik Steinkjer and Gunnar Meyer, Wikborg Rein The SPC manufacturing waiver was adopted by the European Parliament in 2019 through Regulation 2019/933 amending Regulation (EC) no 469/2009 concerning the supplementary protection certificate for medicinal products (the SPC Regulation). The waiver […]


NL – Novartis v. Mylan / Appeal – fingolimod

Posted: November 1st, 2022

Novartis AG v. Mylan B.V. and Mylan Ireland Limited, Court of Appeal The Hague, The Netherlands, 18 October 2022, Case no. ECLI:NL:GHDHA:2022:2079 The Novartis-group produces and markets amongst others a medical substance with fingolimod (also named FTY720) as active ingredient for the treatment of relapsing-remitting multiple sclerose (hereafter: RRMS). Novartis holds related EP 2 959 […]


EPO – EBA referral G 2/21 – Preliminary opinion of the EBA / Plausibility

Posted: October 18th, 2022

G 2/21 on post-published evidence and plausibility – Preliminary Opinion of the EBA, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, three questions were referred to the Enlarged Board of Appeal (EBA) of the EPO relating to post-published evidence. The EBA now issued its preliminary opinion as […]


UK – Geofabrics v. Fiberweb Geosynthetics

Posted: October 17th, 2022

Geofabrics lays the tracks for large-scale damages inquiries in the UK Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”). Damages inquiries are rare in the UK so this judgment […]