EPLAW PATENT BLOG

NL – Eli Lilly and Company v. Fresnius Kabi and Teva (Pemetrexed)

Posted: October 31st, 2017

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., Preliminary Relief Judge District Court of The Hague, the Netherlands, 24 October 2017, Case number C/09/537158 / KG ZA 17/1072 Eli Lilly and Company v. Teva Nederland B.V., Preliminary Relief Judge District Court of The Hague, the Netherlands, 24 October 2017, Case number C/09/538525 / KG […]

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UK – Philips v. Asus Computer, HTC and others

Posted: October 24th, 2017

Koninkijke Philips v ASUS Computer Inc, HTC Corp and others, Court of Appeal, London, UK, 11 October 2017, Neutral Citation Number: [2017] EWCA Civ 1526 This appeal was brought by HTC against the judgment of Arnold J of 9 September 2016. Arnold J had held that a covenant not to assert certain patents against third […]

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DE – The first German compulsory patent license ever – start of a new era?

Posted: October 17th, 2017

Judgement of the Federal Supreme Court, dated 11 July 2017, docket no. X ZB 2/17 In its decision ‘Raltegravir’ dated 11 July 2017, the Federal Supreme Court granted a compulsory patent license pursuant to § 24 German Patent Act. Interestingly, the license was granted on short track, i.e. in ‘preliminary injunction proceedings’ pursuant to § […]

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ES – TEVA PHARMA & RATHIOPHARMA ESPAÑA v. LA ROCHE AG

Posted: October 17th, 2017

Teva Pharma S.L.U. & Ratiopharma Eshttp://eplaw.org/document/es-ap-barcelona-roche-c-teva-ratiopharma-judgment/paña S.A. v. F. Hoffmann La Roche AG, Provincial Court of Barcelona, Section 15, Spain, 22 May 2017, Appeal Docket Number: 739/2015. In May 2017, Section 15 of the Barcelona Court of Appeals declared the nullity of patent ES 2.083.348 (ES 348), the Spanish part of patent EP 0.694.547 B1 […]

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ES – Shionogi & Astrazeneca v. Ratiopharm / Rosuvastatin / Interim Injunction Opposition

Posted: October 16th, 2017

Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Barcelona Commercial Court No. 5, 12 July 2017, Docket No. 148/2017 In a decision rendered on 12 July 2017, Commercial Court No. 5 of Barcelona overruled its previous order of 21 February 2017, pursuant to which it granted ex parte […]

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EU – Public consultation on SPCs and Bolar exemptions

Posted: October 13th, 2017

European Commission launches a Public consultation on supplementary protection certificates (SPCs) and patent research exemptions, 12 October 2017 – 4 January 2018 The Commission states: Objective of the consultation The Single Market Strategy, adopted in October 2015, announced that the Commission will ‘consult, consider and propose further measures, as appropriate, to improve the patent system […]

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EPO – European patent for Raltegravir revoked

Posted: October 12th, 2017

EPO, Technical Board of Appeal 3.3.01, T 1150/15, decision of October 11, 2017 – Merck & Co., Inc. v. SHIONOGI & CO., LTD The grant of a compulsory license under § 24 of the German Patent Act was a legal instrument of hardly any relevance over many decades. Only once, the Federal Patent Court (BPatG) […]

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News – Turin Conference on Standard Essential Patents after Huawei

Posted: October 10th, 2017

The Scuola Superiore della Magistratura (the Permanent Training Association of Italian Judges) and LES Italy (www.les-italy.org) jointly organize a Conference in Turin: a one-day meeting on Standard Essential Patents after Huawei, including procedural and antitrust aspects. The Conference will take place in the Aula Magna of the Civil Court of Turin on Monday the 30th of […]

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NL – Celltrion v. Hoffmann-La Roche et al.

Posted: October 5th, 2017

Celltrion Inc, v. F. Hoffmann-La Roche AG, Biogen Inc. and Genentech Inc., District Court of the Hague, 27 September 2017, Case No. ECLI:NL:RBDHA:2017:11301 Patent revoked due to lack of novelty. Priority can not be invoked since the priority right was not validly transferred. A copy of the decision can be read here.

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NL – SPG v. Dover

Posted: October 5th, 2017

SPG Prints B.V. v. Dover Europe SARL, District Court The Hague, 13 September 2017, Case No. ECLI:NL:RBDHA:2017:10453 Dover’s patent relates to a method for the fixed-array digital printing of fabric. SPG successfully invokes invalidity. Compensating the speed of the conveyor belt in an inkjet press is a non inventive step. This is confirmed by the […]

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