EPLAW PATENT BLOG

UK – Godo Kaisha IP Bridge 1 v Huawei Technologies

Posted: July 16th, 2021

Godo Kaisha IP Bridge 1 v Huawei Technologies Co. Ltd & Ors [2021] EWHC 1261 (Pat) (14 May 2021) In this Patents Court judgment deputy High Court Judge Mr Nicholas Caddick Q.C. set aside the Order of Chief Master Marsh insofar as he permitted alternative service on two of the defendants, Huawei Technologies Co. Limited […]

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DE / UPC – FEDERAL CONSTITUTIONAL COURT REMOVES DEADLOCK FOR GERMANY’S RATIFICATION OF THE UPC AGREEMENT

Posted: July 9th, 2021

Germany, Federal Constitutional Court (FCC), Order of 23 June 2021, published on 9 July 2021, case nos. 2 BvR 2216/20 and 2 BvR 2217/20 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The FCC rejected the two applications for preliminary injunction directed against the Act of Approval adopted on 18 December 2020 for ratifying the UPC […]

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ES – EDWARDS LIFESCIENCES v. MERIL

Posted: July 7th, 2021

Commercial Court No. 5 of Barcelona, Spain, 30 December 2020, case number 66/2020 (ECLI:ES:JMB:2020:310A) In this decision dated 30 December 2020, Barcelona Patent Courts provided some useful insights on how to meet the periculum in mora requirement (danger in delay) for the granting of precautionary measures for patent infringement in Spain. According to Spanish procedural […]

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UK – Add2 v. dSPACE

Posted: July 5th, 2021

UK Patents Court holds electronic interface patent invalid, by Graham Burnett-Hall, Marks & Clerk The UK Patents Court has issued its judgment in an infringement action brought by Add2 Research and Development Limited against dSPACE Digital Signal Processing & Control Engineering GmbH and dSPACE Limited, in which Add2 alleged infringement of European Patent No. 1 […]

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IT – Astrazeneca v. Teva / Fulvestrant

Posted: June 30th, 2021

Astrazeneca vs. Teva, Court of Milan, 24 December 2020, docket number 8782/2020 The last available decision on Fulvestrant in Italy was handed down by the Court of Milan on 24 December 2020, which held invalid/ineffective three patents of AstraZeneca. With a detailed and extensive reasoning, the Court declared EP’573 invalid for lack of inventive step, […]

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EPO – ENLARGED BOARD OF APPEAL CONFIRMS PROHIBITION ON DOUBLE PATENTING

Posted: June 23rd, 2021

European Patent Office, Enlarged Board of Appeal, G 4/19 – Double patenting, decision of June 22, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In its decision G 4/19, the Enlarged Board of Appeal (EBA) answers the questions referred in T 318/14, OJ EPO 2020, A104 as follows: 1. A European patent application can be […]

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EPLAW – Webinar – Covid-19: Vaccines and Patents – a European Perspective

Posted: June 14th, 2021

On 11 June 2021 EPLAW hosted a succesful webinar for its members on the hot topic of Covid-19 vaccines and patents. After an introduction by Klaus Haft (Hoyng ROKH Monegier, DE), various speakers discussed the topic from different angles. Key question was whether a patent waiver and/or compulsory license will be the solution to the […]

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UPC – EPLAW asks UPC Preparatory Commitee to consider parties’ wishes for remote hearings

Posted: June 1st, 2021

EPLAW has written to the UPC Preparatory Committee noting that while the benefits of remote hearings have been much appreciated in national proceedings during the current health crisis, in more normal times fully remote trials should not become a new normal and certainly should not be imposed upon parties’ against their express wish. The Committee […]

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DE – Application of FRAND objection by Düsseldorf District Court following FRAND-Einwand I and II

Posted: May 27th, 2021

Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20 With its judgments of May 11, 2021, docket nos. 4b O 83/19, 4b O 23/20, and 4b 49/20, the Düsseldorf District […]

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DE – Court of Justice – FRAND-Einwand II

Posted: May 27th, 2021

Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17 / FRAND Following the decision FRAND-Einwand of May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice had to deal with the dispute between Sisvel and Haier and decide on Haier’s FRAND defense for a second time. With its […]

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