EPLAW PATENT BLOG

UK – Geofabrics v. Fiberweb Geosynthetics

Posted: May 20th, 2020

Geofabrics Limited v Fiberweb Geosynthetics Limited [2020] EWHC 444 (Par) (5 March 2020) In this judgment Mr. David Stone (sitting as a Deputy High Court Judge) held that Geofabrics Limited’s patent entitled “trackbed liner and related methods” is valid and infringed by Fiberweb Geosynthetics Limited’s product, Hydrotex 2.0. Background Geofabrics Limited (“Geofabrics”) is the proprietor […]

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UK – Genentech Inc and Master Data Center Inc v. Comptroller General of Patents

Posted: May 15th, 2020

Genentech Inc v The Comptroller General of Patents and Master Data Center Inc v Comptroller General of Patents [2020] EWCA Civ 475, 31 March 2020 The Court of Appeal, with Floyd LJ giving the lead judgment, dismissed Master Data Center Inc (“Master Data”) and Genentech Inc’s (“Genentech”) appeals of the High Court decision of Douglas […]

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UK – Master Data Center, Inc v. The Comptroller General Of Patents

Posted: May 15th, 2020

Master Data Center, Inc v The Comptroller General Of Patents [2020] EWHC 572 (Pat), 11 March 2020 In this judgment Douglas Campbell QC dismissed both appeals from Master Data Center Inc (“Master Data”) and Genentech Inc (“Genentech”). The parties were appealing the decision of the Hearing Officer, who held that when a supplementary protection certificate […]

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EPO – ENLARGED BOARD OF APPEAL MAKES A U-TURN ON THE PATENTABILITY OF PLANTS OBTAINED BY AN ESSENTIALLY BIOLOGICAL PROCESS

Posted: May 14th, 2020

European Patent Office, Enlarged Board of Appeal, G 3/19, opinion of May 14, 2020, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Overruling its previous decisions Tomatoes II (G 2/12) and Broccoli II (G 2/13) issued in 2015, the Enlarged Board of Appeal (EBA) holds that plants and animals exclusively obtained by essentially biological processes are […]

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CH – Eli Lilly v. Sandoz – pemetrexed / Appeal

Posted: May 11th, 2020

On October 15, 2019, the Swiss Federal Patent Court held in Eli Lilly v. Sandoz Pharmaceuticals that the Swiss part of Eli Lilly’s patent EP 1 313 508 B1 regarding the use of the anti-cancer drug pemetrexed in combination with a vitamin B12 is valid – reported here. On 1 May 2020, the Swiss Federal […]

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NL – Biolitec v. Tobrix

Posted: April 30th, 2020

Biolitec Pharma Marketing Ltd. v. Tobrix B.V., District Court The Hague, The Netherlands 15 April 2020, Case No. ECLI:NL:RBDHA:2020:3414 Biolitic develops and produces medical laser systems and optical fibres and holds EP 2 620 119 B1 relating to an ‘Endoluminal laser ablation device for treating veins’. Biolitic accused Tobrix of patent infringement. The patent is […]

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UK – MEXICHEM UK LIMITED v HONEYWELL INTERNATIONAL INC

Posted: April 22nd, 2020

The recent Court of Appeal judgment in Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 has upheld the first instance decision of Hacon J refusing to strike out Mexichem’s requests for Arrow declarations in relation to Honeywell’s patents and patent applications. An Arrow declaration is a negative declaration made by the Court […]

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NL – Fresenius Kabi v. Eli Lilly and Company (pemetrexed) – Opinion Advocate General

Posted: April 21st, 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, opinion Advocate General in the Supreme Court, The Netherlands, 30 March 2020, Case no. ECLI:NL:PHR:2020:269, provided by Chantal Morel and Mattie de Koning, Simmons & Simmons On 30 March 2020, the Advocate General in the Supreme Court provided his opinion in the preliminary relief proceedings between […]

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NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]

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IT – THE SUPREME COURT ON THE CALCULATION OF FAIR COMPENSATION OF EMPLOYED INVENTORS

Posted: April 6th, 2020

With its decision no. 1111 on 20th January 2020, the Italian Supreme Court issued a ruling on employees’ inventions, with reference to the right to a fair compensation. The Italian legislator distinguishes three different situations for employees’ inventions, and provides for different rules on their ownership and rights of the employee for each scenario: i) […]

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