EPLAW PATENT BLOG

NL – Nikon v. ASML

Posted: June 8th, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 6 June 2018, Case no. ECLI:NL:RBDHA:2018:6542 This is case no. 2 of 11 patent cases between Nikon and ASML. The Court rules that ASML does not infringe the Dutch part of Nikon’s EP 2 157 480 relating […]

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UK – Edwards Lifesciences v. Boston Scientific Scimed

Posted: June 8th, 2018

Edwards Lifesciences LLC v. Boston Scientific Scimed Inc, High Court of Justice, London, UK, 24 May 2018, [2018] EWHC 1256 (Pat) In this judgment of 24 May 2018, the latest in a saga during which the Court of Appeal had upheld an infringement decision of the Patents Court, Arnold J determined the details of a […]

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NL – Plantlab v. Certhon

Posted: June 4th, 2018

Plantlab v. Certhon, District Court of The Hague, 30 May 2018, ECLI:NL:RBDHA:2018:6242 The above matter revolves around the validity of a national and – parallel – European Patent seeking protection for a so-called vertical farming (or: city farming) system and the alleged infringement thereof. Facts On 14 April 2010 (the legal predecessor of) Plantlab Groep […]

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UK – Regeneron v. Kymab and Novo Nordisk

Posted: June 4th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S, UK Court of Appeal, 23 May 2018, [2018] EWCA 1186 (Civ) This is a judgment from the Court of Appeal on the appropriate form of order to be made following its finding that two of Regeneron’s patents are valid and infringed. At first instance, Henry […]

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DE – Confidentiality roulette in SEP proceedings

Posted: May 30th, 2018

Confidentiality roulette in SEP infringement proceedings, by Alexander Haertel and Jonas Block, Kather Augenstein On 25 April 2018 the Higher Regional Court of Düsseldorf has continued its elaborated case-law with regard to confidentiality arrangements in standard essential patent (SEP) litigation (I-2 W 8/18). The Court deepened its transparency-approach taken already in a decision in January […]

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EU – EC proposes ‘export manufacturing waiver’ to SPC’s

Posted: May 29th, 2018

The European Commission on 28 May proposed a so-called ‘export manufacturing waiver’ to Supplementary Protection Certificates. “The Commission is proposing a targeted adjustment to intellectual property rules to help Europe’s pharmaceutical companies tap into fast-growing global markets and foster jobs, growth and investments in the EU.” A copy of the EC press release can be […]

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EPO – The right of priorities – an overview of recent EPO case law

Posted: May 25th, 2018

The right of priorities: Recent developments in EPO case law, by dr. Rudolf Teschemacher, Bardehle Pagenberg Recent decisions passed by three different instances of the EPO have significant effects on the patentability of inventions under European patent law. All of them concerned the validity of patents to be assessed in opposition proceedings. Applicants should be […]

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UK – Conversant v. Huawei and ZTE

Posted: May 24th, 2018

Conversant Wireless Licensing S A R. L. v. Huawei Technologies Co. Ltd, Huawei Technologies (UK) and ZTE Corporation, High Court of Justice, Patents Court, Justice Henry Carr, Case No. [2018] EWHC 1216 (Ch) Case management decision. Mr Justice Carr has given Huawei and ZTE permission to appeal his previous judgment regarding the UK court’s jurisdiction […]

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DE – Sektionaltor II

Posted: May 23rd, 2018

German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents, BGH, “Sektionaltor II” judgment of May 16, 2017 – Case X ZR 85/14 When assessing whether a claim for financial compensation of co-authorized persons is necessary with respect to the principle of material justice, the reasons why the claimant has […]

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FR – Guerbet v. Bayer Pharma

Posted: May 15th, 2018

Guerbet v. Bayer Pharma AG, Paris First Instance Tribunal, 23 March 2018, n°184/2015 In this ruling, the Paris First Instance Tribunal dismissed the invalidity claims brought by Bayer Pharma against Guerbet’s FR patent. This decision includes a very detailed reasoning of the validity assessment, which notably follows the EPO problem-solution approach, which lead to the […]

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