EPLAW PATENT BLOG

UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: December 3rd, 2019

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]

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NL – Coloplast v. Hollister / No Cassation

Posted: November 27th, 2019

Coloplast A/S v. Medical4You, Supreme Court of the Netherlands, 22 November 2019, Case No. ECLI:NL:HR:2019:1833 Coloplast holds European patent EP 1 145 729 with regard to a ready-to-use urinary catheter assembly. On appeal, the patent -while using the problem/solution and could/would approach- was revoked due to lack of inventive step. Coloplast now appeals to the […]

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NL – VG Colours v. HE Licenties and Hanson Uitgevers

Posted: November 22nd, 2019

VG Colours B.V. vs. HE Licenties B.V. and Hanson Uitgevers B.V., Provisions Judge of the District Court of The Hague, The Netherlands, 11 October 2019, ECLI:NL:RBDHA:2019:11479 Hanson Uitgevers B.V. is the owner of Dutch national patent NL 1040904 (”NL 904”) entitled ”Substance introduction method for plant and plant obtained therewith”, HE Licenties B.V. holds an […]

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NL – Tomra Sorting Limited v. Kiremko

Posted: November 21st, 2019

Tomra Sorting Limited v. Kiremko, District Court The Hague, 15 November 2019, Case no. ECLI:NL:RBDHA:2019:12109 Infringement proceedings instigated by patent holder Tomra. The Judge holds that there is a serious, non negligible chance that the patent will be revoked in proceedings on the merits, as prior art GB 119 implicitly, but clearly and unambiguously discloses […]

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NL – Gilead vs. Dutch Patent Office – SPC tenofovir / emtricitabine

Posted: November 13th, 2019

Gilead vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The Hague 30 October 2019 Introduction The plaintiff in this matter, Gilead Sciences Inc. (“Gilead”), markets a medicinal product under the name Truvada. As many European patent practitioners will know, this product consists of a combination of the active ingredients tenofovir dispoproxil and emtricitabine. […]

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CH – Lilly v. Sandoz – Pemetrexed, Invalidity Action rejected

Posted: November 4th, 2019

In October 15, 2019, the Swiss Federal Patent Court held in Eli Lilly vs. 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 – almost to the day two years after the Swiss […]

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UK – Anan Kasei & Rhodia Operations v. Neo Chemicals and Oxides

Posted: October 29th, 2019

Anan Kasei Co. Ltd & Rhodia Operations S.A.S. v Neo Chemicals and Oxides Limited & Neo Performance Materials Inc, Court of Appeal, London, 9 October 2019, [2019] EWCA Civ 1646 In this judgment, the Court of Appeal has dismissed an appeal by Neo Chemicals and Oxides (Europe) Limited (previously Molycorp Chemicals and Oxides (Europe) Limited) […]

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DE – Sufficiency of Disclosure and Enablement

Posted: October 28th, 2019

Sufficiency of Disclosure and Enablement German Federal Court of Justice, judgment dated January 8, 2019 – docket no. X ZR 58/17 In its judgment dated January 8, 2019, docket no. X ZR 58/17, the German Federal Court of Justice consolidates its previous case law regarding the requirements of a clear and complete disclosure of an […]

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UK – A Formstein objection in the UK?

Posted: October 25th, 2019

A Formstein objection in the UK? by Paul England, Taylor Wessing As is now well-known, in Actavis v Eli Lilly ([2017] UKSC 48) the UK Supreme Court held that direct infringement cannot be determined solely by whether a product or process falls within the language of the claim. Instead, whether variants falling outside the language […]

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ES – LICONSA v. BOEHRINGER

Posted: October 23rd, 2019

LICONSA v. BOEHRINGER, Court of Appeals of Barcelona, 29 March 2019, Docket No. 1076/2017 / Request for limitation of a patent before the Spanish Patent & Trademark Office (SPTO) during judicial proceedings In a decision dated 29 March 2019, the Court of Appeals of Barcelona made clear that, since the entry into force of the […]

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