EPLAW PATENT BLOG

NL – Fresenius Kabi, Teva v. Eli Lilli / Alimta® – Appeal

Posted: May 14th, 2018

Fresenius Kabi Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1105 and Teva Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1106 Eli Lilly (”Lilly”) is the holder of the European patent EP 1 313 508 B1 […]

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NL – HP v. Benson cs

Posted: May 1st, 2018

Hewlett-Packard Development Company v. Benson Image, Top Printing and Aigostar, District Court the Hague, 25 April 2018, ECLI:NL:RBDHA:2018:4810 HP is the holder of the European patent EP 1 330 360 titled “Inkjet printhead”. The patent was granted on 11 March 2009 relying on the priority date of US 702267 (30 October 2000). Claim 1 of […]

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AT – Eli Lilly PI / Appeal

Posted: April 27th, 2018

Austrian Court of Appeals confirms PI based on equivalent infringement of Eli Lilly’s Alimta®-Patent In a decision of April 12th 2018, the Vienna Court of Appeals rejected an appeal against a preliminary injunction previously granted by the Vienna Commercial Court. The Court of Appeals confirmed that the offer or sale of a generic Pemetrexed product […]

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EU – Teva and Mylan v. Gilead

Posted: April 26th, 2018

Teva UK Ltd, Accord Healthcare Ltd, Lupin Ltd, Lupin (Europe) Ltd, Generics (UK) trading as ‘Mylan’ v. Gilead Sciences Inc. Request for a preliminary ruling, Opinion of Advocate General Wathelet, 25 April 2018, Case C-121/17, ECLI:EU:C:2018:278 “In the light of all the foregoing, I propose that the Court should answer the question referred for a preliminary […]

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ES – MERCK SHARP & DOHME v. LABORATORIOS LEON FARMA

Posted: April 26th, 2018

Merck Sharp & Dohme B.V., Merck Sharp & Dohme España S.A. v. Laboratorios Leon Farma S.A. & Exeltis Healthcare S.L., Barcelona Commercial Court No. 5, 12 December 2017, Case Docket no. 660/2017 With this decision Barcelona Commercial Court No. 5 revoked the precautionary measures requested by Merck Sharp & Dome and initially granted inaudita parte […]

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UK – Regeneron v. Kymab

Posted: April 26th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]

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NL – Merck Sharp & Dohme v. The Dutch Patent Office

Posted: April 20th, 2018

Merck Sharp & Dohme Corp. vs. the Dutch Patent Office, District Court of The Hague, 10 April 2018, ECLI: NL:RBDHA:2018:4081 The issue at hand is whether the Dutch Patent Office (“DPO”) has rightfully refused the application for a Dutch supplementary protection certificate (“SPC”) for a combination product of ezetimib and rosuvastatin on the basis of […]

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UK – Conversant Wireless v Huawei Technologies and  ZTE Corporation / FRAND

Posted: April 20th, 2018

Conversant Wireless Licensing S.A.R,L v (1) Huawei Technologies Co. Ltd., (2) Huawei Technologies (UK) Co. Ltd, (3) ZTE Corporation (4) ZTE (UK) Limited, High Court of Justice, London, UK, 16 April 2018, [2018] EWHC 808 (Pat) Are the UK Courts an appropriate forum for hearing a global FRAND dispute where alleged infringement of Chinese patents […]

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UK – Illumina v. Premaitha

Posted: April 18th, 2018

(1) Illumina, Inc. & (2) Sequenom, Inc v (1) Premaitha Health plc & (2) Premaitha Limited; (1) TDL Genetics Ltd, (2) The Doctors Laboratory Ltd & (3) Ariosa Diagnostics, Inc. (19 March 2018, Patents Court, UK, Case Nos. HP-2017-000054 and HP-2017-000075) The UK Patents Court refused to strike out two patent infringement actions concerning a […]

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UK – Edwards v. Boston

Posted: April 16th, 2018

Edwards v Boston, UK Patents Court, Floyd LJ, 30-31 January 2018, HHJ Hacon 21 March 2018 The Court of Appeal has upheld the High Court’s decision that one of two patents owned by Boston Scientific Scimed Inc. relating to replacement heart valves was invalid, and the other valid and infringed by Edwards Lifesciences companies. In […]

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