EPLAW PATENT BLOG

NL – Fresenius Kabi v. Eli Lilly and Company (pemetrexed) – Opinion Advocate General

Posted: April 21st, 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, opinion Advocate General in the Supreme Court, The Netherlands, 30 March 2020, Case no. ECLI:NL:PHR:2020:269, provided by Chantal Morel and Mattie de Koning, Simmons & Simmons On 30 March 2020, the Advocate General in the Supreme Court provided his opinion in the preliminary relief proceedings between […]

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NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]

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IT – THE SUPREME COURT ON THE CALCULATION OF FAIR COMPENSATION OF EMPLOYED INVENTORS

Posted: April 6th, 2020

With its decision no. 1111 on 20th January 2020, the Italian Supreme Court issued a ruling on employees’ inventions, with reference to the right to a fair compensation. The Italian legislator distinguishes three different situations for employees’ inventions, and provides for different rules on their ownership and rights of the employee for each scenario: i) […]

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DE – Obligations of SEP holders and SEP users

Posted: April 3rd, 2020

Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16 The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice […]

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DE – New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court

Posted: April 3rd, 2020

New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I With the notice on handling the defense of compulsory license under antitrust law according to Huawei v. ZTE within Munich proceedings in patent litigation, the German original and the English translation of which are attached hereto, the Regional Court […]

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UPC – Germany to continue preparations for the UPC

Posted: March 27th, 2020

A press relaease issued yesterday by Christine Lambrecht, the German minister of Justice and Consumer Protection states: “I will continue to work to ensure that we can provide the European innovative industry with a single European patent with a European patent court. The Federal Government will carefully evaluate the decision of the Federal Constitutional Court […]

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DE – “Leiterklemme” – requirements for the reasons for a preliminary injunction in patent litigation

Posted: March 27th, 2020

Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – “Leiterklemme” In patent litigation, the reasons for an injunction necessary for the issuance of a preliminary injunction generally require that […]

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CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

Posted: March 26th, 2020

CJEU, judgment dated January 30, 2020 – Case C-307/18 According to the CJEU, pay-for-delay agreements between the holder of pharmaceutical patents and manufacturers of generic medicines have the object of restricting competition and, thus, violate Art. 101 TFEU if the assets transferred to the manufacturers of generic medicines do not have any explanation other than […]

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DE – Second Patent Law Modernization Act

Posted: March 24th, 2020

Bill of the German Federal Ministry of Justice and Consumer Protection for a Second Act concerning the Simplification and Modernization of German Patent Law (Second Patent Law Modernization Act (2. PatMoG)) On January 14, 2020, the German Federal Ministry of Justice and Consumer Protection published a bill for a Second Act concerning the Simplification and […]

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UPC- Comment Dr Teschemacher – German Law on the Unified Patent Court Agreement null and void on the grounds of a legislative defect

Posted: March 20th, 2020

German Law on the Unified Patent Court Agreement null and void on the grounds of a legislative defect, Germany, Constitutional Court (BVerfG), decision of February 13, 2020, published March 20, 2020, case no. 2 BvR 739/17 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The BVerfG declared the German Law on the Unified Patent Court Agreement […]

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