EPLAW PATENT BLOG

NL – Zavod Prodmash v. [anonymous]

Posted: September 3rd, 2018

Zavod Prodmash v. [anonymous], District Court The Hague, The Netherlands, 31 August 2018, Case no. ECLI:NL:RBDHA:2018:10449 Revision of an ex parte decision denied. The court in interlocutory proceedings finds that for the moment the patent is deemed to be valid and infringed. A copy of the decision (in Dutch) can be read here.

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NL – Nikon v. ASML / Case No. 4

Posted: August 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 22 August 2018, Case No. ECLI:NL:RBDHA:2018:10046 This is case no. 4 of 11 patent cases between Nikon and ASML. Nikon holds EP 2 765 595 for an ‘Exposure apparatus, exposure method, and method for producing a device’. […]

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New book – Unified Patent Protection in Europe – A Commentary / Winfried Tilmann and Clemens Plassmann

Posted: August 21st, 2018

Appearance of the book “Unified Patent Protection in Europe – A Commentary” edited by Winfried Tilmann and Clemens Plassmann Oxford University Press, Oxford, July 2018, 3040 pages, 246×171 mm, 335 €, ISBN 9780198755463, www.oup.com/uk/law It is a privilege to be the first to read a new Bible! That word is no exaggeration, because this commentary […]

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DE – Rasierklingeneinheiten

Posted: August 20th, 2018

Rasierklingeneinheiten, decision of 30 April 2018 – I-15 W 9/18 According to established German case law, a cease and desist order generally may not only include the mere omission of acts, but also the performance of possible and reasonable actions to eliminate a state of disruption. It is however not clear how far this obligation […]

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UK – JUSHI GROUP v. OCV INTELLECTUAL CAPITAL

Posted: August 15th, 2018

The UK Court of Appeal has considered the validity of a patent claiming a particular composition of glass fibres. OCV’s patent claimed glass strands with constituents expressed as a percentage by weight (e.g. SiO2 at 58-63%, Al2O3 at 12-20%). Further, the composition required the ratio of CaO to MgO to be less than or equal […]

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EPO – The scope of application of the prohibition of double patenting

Posted: August 8th, 2018

EPO, Technical Board of Appeal 3.3.01, decision of September 5, 2017 in case T 2563/11 – Double patenting The application in suit had been refused because the set of claims contained 2 claims which were identical to 2 claims contained in the patent granted on its parent application. The applicant submitted that the Examining Division […]

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NL – Nikon v. ASML / Case No. 3

Posted: August 2nd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 1 August 2018, Case No. ECLI:NL:RBDHA:2018:9236 This is case no. 3 of 11 patent cases between Nikon and ASML. Nikon unsuccessfully claims that ASML infringes Nikon’s EP 734 relating to an ‘Exposure apparatus, exposure method, and method […]

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CJEU – Truvada / SPC combination products

Posted: July 25th, 2018

CJEU in Truvada case (C-121/17): no SPC for A+B unless “the claims relate necessarily and specifically to that combination” Today, the Court of Justice of the European Union (“CJEU”) rendered a long-awaited decision in a dispute revolving around the supplementary protection certificate (“SPC”) protecting the HIV inhibitor Truvada. With its judgment rendered (to be found […]

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NL – Nikon v. ASML / Case No. 1

Posted: July 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 18 July 2018, Case No. ECLI:NL:RBDHA:2018:8777 This is case no. 1 of 11 patent cases between Nikon and ASML. Lithography machines are used in the production of chips. Nikon holds EP 1 652 003 (‘EP 003) relating […]

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DE – Sektionaltor III

Posted: July 20th, 2018

Higher Regional Court of Duesseldorf on financial compensation of joint proprietors of a patent (Higher Regional Court of Duesseldorf, judgment of March 15, 2018 – Case I-2 U 91/13) – “Sektionaltor III” Continuation of IP Report of August 24, 2017 (German Federal Court of Justice on financial compensation of co-authorized persons with regard to patents […]

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