EPLAW PATENT BLOG

UK – Teva v. Gilead

Posted: January 30th, 2017

Teva UK Limited and Others v Gilead Sciences Inc, High Court of England and Wales (Arnold J), London, UK, 13 January 2017, Neutral Citation Number: [2017] EWHC 13 (Pat) Arnold J has again referred a question to the CJEU concerning the interpretation of Article 3(a) of Regulation 469/2009 (the “SPC Regulation”) namely: what are the […]

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UK – Government cannot withdraw from EU Treaties without authorisation by a prior act of Parliament – Effects on the ratification of the UPC Agreement?

Posted: January 25th, 2017

UK Supreme Court, Miller & Anor, R v Secretary of State for Exiting the European Union, [2017] UKSC 5, 24 January 2017 In its judgment, the Supreme Court dismissed the Government’s appeal against the decision of the High Court (Administrative Court) and held, by a majority of 8 to 3, that an Act of Parliament […]

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EPLAW – Annual Congress & General Assembly – Save the Date

Posted: January 24th, 2017

The next EPLAW Annual Congress and General Assembly will take place on Friday 24 November 2017 in Brussels, at the usual venue (Hotel Hilton Grand Place). As always, a social event will be organized in the evening Thursday 23 November 2017. EPLAW members will receive an electronic invitation (invitations are personal) and details in due […]

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FR – Warner-Lambert & Pfizer v. generics / Pregabalin PI

Posted: January 20th, 2017

Pregabalin PI in France: a decision dealing with skinny label, second medical use claims and contributory infringement A new pregabalin decision has been rendered on December 2, 2016 in France, in a PI litigation initiated by Warner-Lambert (hereafter: the patentee) and licensees Pfizer against 9 groups of generic companies (hereafter: the defendants). All defendants are […]

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EU – MSD v. Comptroller-General / SPC referral to CJEU

Posted: January 17th, 2017

Merck Sharp and Dohme v. The Comptroller-General of Patents, Designs and Trade Marks, referral to CJEU, 10 November 2016, Case No. C-567/16, 10 Nov 2016 The questions referred are: (1) Is an End of Procedure Notice issued by the reference member state under Article 28(4) of European Parliament and Council Directive 2001l83/EC of 6 November […]

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HU – Hungarian Court refers questions for preliminary ruling to CJEU about calculation of duration of SPCs

Posted: January 16th, 2017

SPCs are important assets for pharmaceutical patent holders as they compensate the loss of duration of exclusive exploitation right of their invention due to the time lapsed between the filing of a patent application and obtaining a marketing authorization. Namely, it is only the marketing approval that enables the launch of the patented product and […]

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NO – EcoLice AS/Sea Lice Research Norway AS v. Sinkaberg-Hansen AS, Bindalslaks AS

Posted: January 16th, 2017

The proceedings concerned the validity of the Norwegian patent 330244, owned by Sea Lice Research Norway AS, and to which Ecolice had been granted a license. The patent was directed to a treatment against sea lice which is a major problem in Norwegian aquaculture. More precisely, claim 1 of the patent related to use of […]

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News – Young EPLAW – Save the date

Posted: January 12th, 2017

The Young EPLAW congress will take place this year on Monday 24 April 2017 in Brussels, at the usual venue (Hotel Hilton Grand Place). The Young EPLAW congress is intended for the EPLAW members’ associates aged 36 and less. A social event will be organized on Sunday 23 April 2017; as well as the “how to […]

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NL – DSM v. Novozymes

Posted: January 11th, 2017

DSM IP Assets B.V. v. Novozymes A/S, PI Judge of the District Court of The Hague, The Netherlands, 6 January 2017, Case No. ECLI:NL:RBDHA:2017:110 DSM holps a patent entitled ‘Enzyme preparation yielding a clean taste’. During Opposition, the patent was limited to milk sterilised at ultra high temperatures (‘UHT milk’). An appeal at the TBA […]

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NL – RASCO ET AL V. AEBI SCHMIDT

Posted: January 11th, 2017

Rasco D.O.O  and Rondaan Transportservice B.V. v. AEBI Schmidt Nederland B.V., District Court The Hague, The Netherlands, 4 January 2017. Case No. ECLI:NL:RBDHA:2017:4  This matter relates to gritters, more specifically lorries with a detachably mounted device. Aebi Schmidt holds a European patent (the “Patent”). After the District Court had ruled against Aebi Schmidt in preliminary injunction […]

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