EPLAW PATENT BLOG

IT – guidance on patent infringement by equivalents / Supreme Court

Posted: June 11th, 2020

The Italian Supreme Court provided guidance on patent infringement by equivalents, with particular regard to the role of prosecution history in determining the patent’s scope of protection. By judgment no. 2977 on 7th February 2020, the Italian Supreme Court (Section I) issued a ruling on a highly debated issue on patent infringement: the role of […]

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NL – Sisvel v. Oppo and Wiko

Posted: June 4th, 2020

Sisvel International S.A. v. Oppo cs and Wiko cs, District Court The Hague, The Netherlands, 27 May 2020, Case no. ECLI:NL:RBDHA:2020:4632 Sisvel exploits various patent rights in the field of wireless communication and also holds EP 1 129 536 relating to ‘Data transmission in radio system’. EP 536 is a standard essential patent applied in […]

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NL – DTS v. Samsung

Posted: May 20th, 2020

DTS International B.V. v. Samsung Electronics Benelux B.V. et al., District Court The Hague, 13 May 2020, Case no. ECLI:NL:RBDHA:2020:4264 DTS holds EP 3 229 099 and EP 1 634 140 both relating to a ‘method and system for performing a transaction and for performing a verification of legitimate access to, or use of digital […]

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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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EPLAW – Young EPLAW event postponed to spring 2021

Posted: May 7th, 2020

Due to the outbreak of the COVID-19 pandemic, the Board of EPLAW decided that the next Young EPLAW event will be held in 2021, preferably in spring. The registrations that have been made for the 2020 Young EPLAW event remain valid, so those who already paid their registration do not have to register again. Once […]

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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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