EPLAW PATENT BLOG

IT – ATK Race v. Fritschi

Posted: March 28th, 2019

ATK Race S.r.l. (“ATK Race”), the owner of the European patent no. EP 2.345.463 (“EP ‘463”), concerning a heel piece for an alpine ski attachment, brought an infringement action before the Court of Genoa against Fritschi AG Swiss Binfings (“Fritschi”), Nuovi Orizzonti s.a.s. of Rizzo Riccardo & C. (“Nuovi Orizzonti”) and Socrep S.r.l. (“Socrep”), which […]

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FI – Finnish Supreme Court Assessed Prerequisites for Preservation of Evidence and Access to Evidence in IPR Cases

Posted: March 27th, 2019

The Finnish Supreme Court rendered recently a precedent KKO 2019:10 clarifying prerequisites for measures for preserving evidence under the Finnish Act on Preserving Evidence in Industrial Property Rights and Copyright Matters (the “APE”) and the applicant’s right to access the evidence that has been preserved pursuant to the APE. The case was about a patent […]

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CJEU – Abraxis Bioscience v. Comptroller General of Patents / SPC

Posted: March 22nd, 2019

Abraxis Bioscience LLC v. Comptroller General of Patents, Court of Justice of the EU, 21 March 2019, Case no. C‑443/17 No SPC for a new formulation of an old active ingredient “Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate […]

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UK – TQ Delta v. ZyXEL Communications

Posted: March 20th, 2019

TQ Delta, LLC v ZyXEL Communications Limited & Anor [2019] EWHC 562 (ChD), 11 March 2019 This judgment of the High Court concerns validity and infringement of two of TQ Delta’s patents: EP (UK) 1,453,268 entitled “Multicarrier communication with variable overhead rate” (“the 268 Patent”) and EP (UK) 1,792,430 entitled “CRC counter normalisation” (“the 430 […]

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NL – INNOVATIONS 4 FLOORING V. UNILIN BEHEER / Appeal

Posted: March 19th, 2019

Unilin Beheer B.V. v. Innovations 4 Flooring Holding N.V., Court of Appeal of The Hague, 5 March 2019, Case No. C/09/483599/ HA ZA 15-243 Introduction Unilin Beheer B.V. (“Unilin”) holds a patent EP 1 026 241 (“EP341”) for a ‘floor covering, consisting of hard floor panels and method for manufacturing such floor panels’. Innovations 4 […]

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DK – ELI LILLY V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (TADALAFIL)

Posted: March 14th, 2019

Eli Lilly and Company, ICOS Corporation, and Eli Lilly Danmark A/S (“Eli Lilly”) v. Generics (UK) Limited and Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-33415/2018-SHR, 1 February 2019 The case concerns infringement of Eli Lilly’s patent DK/EP 1 173 181 T6 (“DK/EP ‘181”) which relates to the use of […]

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IT – Saima v. Plexa, Holacheck and Securconsult

Posted: March 12th, 2019

Saima Sicurezza S.p.A. (“Saima”), a company active in the security sector, brought a patent infringement and unfair competition action before the Court of Milan against Plexa srl, Holacheck srl and Securconsult. The plaintiff is the owner of the Italian patent no. IT 1.396.496 (“IT ’496”), concerning a system for managing passenger access control in public […]

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EPO – Annual Report 2018 European Patent Office

Posted: March 12th, 2019

European Patent Office, Munich, 12 March 2019, Annual Report 2018 The annual report was accompanied by a press release, stating: Munich, 12 March 2019 – UK businesses again continued to file a growing number of patent applications with the European Patent Office (EPO) in 2018. Published today, the EPO’s Annual Report 2018 shows that with […]

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DE – Preliminary decision regarding the amount of security for enforcement

Posted: March 11th, 2019

Preliminary decision regarding the amount of security for enforcement – Higher Regional Court of Karlsruhe, partial judgment dated October 10, 2018, docket no. 6 U 82/18, reported by Sebastian Horlemann and Stefan Lieck, Bardehle Pagenberg In a preliminary decision, the Higher Regional Court of Karlsruhe deals with the question which facts are to be taken […]

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UK – Eli Lilly v. Genentech / referral to CJEU

Posted: March 11th, 2019

Eli Lilly And Company & Ors v Genentech, Inc [2019] EWHC 387 and 388 (Pat) (01 March 2019) This was a claim brought by Eli Lilly and Company (“Lilly”) for revocation of Genentech’s patent EP (UK) No. 1,641,822 (the “Patent”) entitled “IL-17A/F heterologous peptides and therapeutic uses thereof”. Genentech does not have a marketed product […]

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