DK – Danish Maritime and Commercial High Court limits patent claims and finds indirect patent infringement

Posted: April 24th, 2019

The Danish Maritime and Commercial High Court has handed down an interesting judgment in a case concerning validity and infringement of two patents. The judgment is interesting for two reasons. Partly because the Maritime and Commercial High Court amended the existing patent claims, which the courts rarely do, partly because the Maritime and Commercial High […]


NL – Nutrition v. Noba

Posted: April 17th, 2019

Nutrition Sciences N.V. v. Noba B.V., District Court The Hague, The Netherlands, 10 April 2019, Case no. ECLI:NL:RBDHA:2019:3424 Nutrition is active in the field of ingredients for live stock feed and alleges that Noba infringes on the Dutch part of its EP 1 294 371 B2 relating to “medium chain fatty acids applicable as antimicrobial agents”. […]


IT – Bisio

Posted: April 15th, 2019

The Court of Milan departed from its previous position and decided that an urgent declaration of non-infringement can be granted even after the alleged infringer commenced marketing its product. Bisio Progetti S.p.A. (“Bisio”), a company active in the research and development of coffee and instant drink capsules, sought before the Court of Milan an urgent […]


UK – Ablynx v. VHsquared & Unilever

Posted: April 13th, 2019

Ablynx NV & Vrije Universiteit Brussel v VHsquared Limited & Unilever Nederland B.V. & 4 others [2019] EWHC 792 (Pat), 29 March 2019 This judgment of the High Court follows a preliminary hearing to determine if the UK courts have jurisdiction to hear main proceedings. Summary HHJ Hacon held that the UK courts had exclusive […]


UK – TQ Delta, LLC v. ZyXEL Communications

Posted: April 11th, 2019

TQ Delta, LLC v ZyXEL Communications Limited & Anor [2019] EWHC 745 (Pat), 18 March 2019 In this judgment Mr Justice Carr granted an injunction against ZyXEL, following on from his earlier decision that TQ Delta’s EP (UK) 1,453,268 (“the 268 Patent”) was valid, essential and infringed. See our previous headnote here. ZyXEL submitted that […]


EPO – Plant products produced by essentially biological processes – Referral G 3/19 – Comment

Posted: April 10th, 2019

Exceptions to patentability – Plant products produced by essentially biological processes – Referral G 3/19 The President of the EPO has referred the following points of law to the Enlarged Board of Appeal: 1. Having regard to Article 164(2) EPC, can the meaning and scope of Article 53 EPC be clarified in the Implementing Regulations […]



Posted: April 1st, 2019

ArcelorMittal France v. Tata Steel IJmuiden B.V., Court of Appeal The Hague, 26 March 2019, Case No. ECLI:NL:GHDHA:2019:575 First instance ArcelorMittal was the holder of European patent EP 2 242 863 B1 (“EP 863″), which relates to a “process for manufacturing stamped products, and stamped products prepared from the same”. Tata Steel and other parties […]


EPO – patentability of plants obtained by essentially biological processes – T 1063/18 referred to Enlarged Board of Appeal

Posted: March 29th, 2019

Contracting States discussed next steps regarding the patentability of plants obtained by essentially biological processes – T 1063/18 referred to Enlarged Board of Appeal During last meeting of the Administrative Council it was decided that T 1063/18 (previously discussed here on the EPLAW Patent Blog) is to be refereed to the Enlarged Board of Appeal […]


UK – Actavis v. ICOS / Supreme Court

Posted: March 29th, 2019

Actavis Group PTC EHF and others (Respondents) v ICOS Corporation and another (Appellants) [2019] UKSC 15 – 27 March 2019 The UK Supreme Court has agreed with the Court of Appeal that a dosing regimen patent was invalid for lack of inventive step. Background The case concerns EP 1,173,181 (“EP’181”) owned by ICOS and exclusively […]


DE – Merck Sharp & Dohme v. ratiopharm et al. / SPC / Appeal

Posted: March 28th, 2019

Higher Regional Court Düsseldorf, 15 March 2019, docket no. I-2 U 62/18 – Ezetimibe/Simvastatin On March 15, 2019 the Higher Regional Court Düsseldorf finally dismissed MSD’s request for a preliminary injunction based on their SPC for ezetimibe and simvastatin and thereby confirmed the result of the first instance decision of the Regional Court Düsseldorf of […]