EPLAW PATENT BLOG

UK – Pfizer v. Roche

Posted: July 9th, 2019

Pfizer Ltd v F. Hoffmann-La Roche AG & Anor [2019] EWHC 1520 (Pat) In a High Court judgment handed down at the end of June, Birss J refused Pfizer’s request for so-called “Arrow” declaratory relief in relation to five of Roche’s drug combination patents covering bevacizumab (marketed by Roche as Avastin). Pfizer intend to launch […]

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UK – Conversant v. Huawei & ZTE / FRAND

Posted: July 9th, 2019

Conversant v Huawei & ZTE [2019] EWHC 1687 (Pat) UK Court considers essentiality and validity of patent in FRAND dispute. Background This judgment represents one of the technical trials in the dispute between Conversant (Claimant) and Huawei and ZTE (together the Defendants). The wider case relates to an ongoing dispute regarding what is a FRAND […]

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NL – Philips v. Wiko / FRAND / Appeal

Posted: July 5th, 2019

Koninklijke Philips N.V. v. Wiko SAS, Court of Appeal The Hague, The Netherlands, 2 juli 2019, Case no. 200.219.487/01 In an interim ruling the Court of Appeal earlier ruled that the claims according to the second auxiliary request are deemed to be valid and infringed by Wiko (see here). Wiko’s FRAND defence is the topic […]

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UK – Napp v. Sandoz

Posted: July 3rd, 2019

UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of an injunction restraining the launch […]

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UK – Emson v. Hozelock

Posted: July 3rd, 2019

(1) E. Mishan & Sons, Inc T/A Emson v (1) Hozelock Limited (2) Blue Gentian LLC (3) Telebrands Corp (17 April 2019, Patents Court, UK, Case No. HP-2017-000050) UK Court considers circumstances surrounding a prior use validity attack The UK Patents Court found that two similar GB and EP patents – relating to expandable garden […]

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UK – Illumina v. TDL

Posted: June 27th, 2019

Illumina and Sequenom (the “Claimants”) have been successful in another action relating to their prenatal diagnostics patent portfolio, with Mr Justice Arnold finding that Sequenom’s patent EP 1 524 321 (the “Patent”; Illumina being the exclusive licensee) was valid and infringed by TDL’s product, the Harmony Test which was developed by Ariosa (who accepted joint […]

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UK – UK HIGH COURT SETS TRIAL DATE FOR RAND TRIAL BEFORE JUDGMENT ON TECHNICAL TRIALS HANDED DOWN

Posted: June 26th, 2019

TQ Delta, LLC v Zyxel Communications UK Ltd & others [2019] EWHC 353 (Pat) This is a judgment in a preliminary dispute concerned the setting of a trial date for the determination of RAND licence terms in a case where the technical trial of the two telecommunications patents had already been heard by the court, […]

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UK – UK’S IPEC APPLIES DOCTRINE OF EQUIVALENCE TO FIND INFRINGEMENT

Posted: June 26th, 2019

Marflow Engineering Limited (Claimant) brought an action against Casellie Limited (Defendant) for infringement of UK Patent 2 368 888 relating to a method of installing a fluid-using appliance such as a shower. The method sets out the use of a plate, typically a metal plate, with apertures that receive one or more pipes. This plate […]

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NL – Eli Lilly v. Fresenius – Case on the merits

Posted: June 21st, 2019

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., District Court The Hague, 19 June 2019, Case no. ECLI:NL:RBDHA:2019:6107 Contrary to the Court of Appeal in summary proceedings, and contrary to various foreign decisions in parallel proceedings, the District Court of the Hague rules in the case on the merits that the scope of protection […]

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NL – Sandoz v. Astrazeneca / Supreme Court / Opinion AG – Update

Posted: June 18th, 2019

Sandoz B.V. v. Astrazeneca AB, Supreme Court of the Netherlands, Opinion Advocate General Van Peursem, 10 May 2019, Case No. ECLI:NL:PHR:2019:608 Astrazeneca holds patent EP 1250138 relating to a fulvestrant formulation. A product with fulvestrant is marketed by Astrazeneca under the name FASLODEX and is used for the treatment of oestrogen hormone dependent breast cancers. […]

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