UK – Actavis v Eli Lilly / Supreme Court

Posted: July 12th, 2017

Actavis UK Limited and others v Eli Lilly and Company, UK Supreme Court, 12 July 2017, [2017] UKSC 48 The UK Supreme Court today gave its judgment in the long-running Actavis v Eli Lilly case concerning Lilly’s Alimta vitamin regimen patents in the UK, France, Italy and Spain. The Supreme Court allowed Lilly’s appeal and […]


UPC – Unitary Patent and Unified Patent Court stopped just before the Finish Line

Posted: July 6th, 2017

Unitary Patent and Unified Patent Court stopped just before the Finish Line – Perspectives after the General Election in the United Kingdom and the Suspension of the Signing of the Implementing Laws in Germany, by Tilman Müller-Stoy, Bardehle Pagenberg The somehow never-ending story of the unitary patent system was just “enriched” by some further twists which […]



Posted: July 5th, 2017

Intermarine S.p.A. (formerly Rodriquez Cantieri Navali S.p.A.) v. CMC Marine S.r.l.. Court of Appeal of Turin, Italy, 22 June 2017, Judgement no. 106/2016 With its writ of summons in the first instance proceedings, Intermarine demanded the Court of Turin a declaration of invalidity of a utility model owned by CMC. Said utility model related to […]


EPO – Biological inventions / Administrative Council overrules the EBA

Posted: July 3rd, 2017

Biological inventions – protection of the products of essentially biological processes – Administrative Council overrules the Enlarged Board of Appeal – Decision CA/D 6/17 In its decision G 2/12 – Broccoli II (OJ EPO 2016, A27), the Enlarged Board of Appeal decided that product claims directed to plants or plant material are not excluded from […]


EPO – EPO issues statement on plant and animal patents

Posted: June 30th, 2017

EPO clarifies practice in the area of plant and animal patents, EPO Statement, 29 June 2017 “On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process. “The proposal from […]


UPC – Message from the Preparatory Committee Chairman – Timetable

Posted: June 27th, 2017

A Message from the Chairman of the UPC Preparatory Committee, Alexander Ramsay, 27 June 2017  “As previously announced, the timetable for the start of the period of provisional application and the entry into force of the UPC Agreement is relying on the timely finalisation of national procedures concerning the ratification of the UPC Agreement (UPCA) […]


NL – Hygro International v. Futurecare Worldwide

Posted: June 22nd, 2017

Hygro International PTY Limited v. Futurecare Worldwide B.V. et al., District Court The Hague, The Netherlands, 21 June 2017, Case No. ECLI:NL:RBDHA:2017:6743 Futurecare did not respond to Hygro’s rebuttal of Futurecare’s invalidity arguments. Hygro therefore sufficiently established that it is entitled to the patent. Futurecare further did not dispute that the products marketed by them […]


ES – Huntsman International v. Ungría Patentes y Marcas et al.

Posted: June 15th, 2017

Huntsman International v Ungría Patentes y Marcas et al., Spanish Supreme Court, Civil Chamber, 26 January 2017, Judgment No 46/2017 Huntsman International, LLC. (‘Huntsman’) filed a suit against Ungría Patentes y Marcas, SA (‘Ungría’), and against Samuel, an industrial property agent who was both the administrator and the majority shareholder of the company. Huntsman claimed […]


ES – Industrias Alimentarias de Navarra v. Mivisa Envases

Posted: June 14th, 2017

Spanish Supreme Court, Civil Chamber, Judgment No. 263/2017 (May 3rd, 2017) The patent at stake in the infringing proceedings relates to a can closure based on thermo-sealing laminated sheets for the preserving of foods. Claim 1 of the patent defines the invention as a “hermetically sealed can” (i.e., as a product patent). The defendant manufactures […]


NL – Boskalis v. Dredging

Posted: June 14th, 2017

District Court of The Hague 7 June 2017, Case no. 485407 / HA ZA 15-370, ECLI:NL:RBDHA:2017:5959, Baggermaatschappij Boskalis B.V. (‘Boskalis’) v. Dredging International N.V. (‘Dredging’) The present nullity proceedings initiated by Boskalis concern the dutch designation of European Patent EP 1 888 849 B2 for an “Apparatus with flexibly mounted spud carriage” held by Dredging. […]