Posted: October 13th, 2022
Will the German automatic injunction live forever? By Tobias Wüttke, Meissner Bolte The Regional Court Düsseldorf clarifies in a milestone decision (docket no. 4c O 18/21 of 7 July 2022) that the new proportionality defense pursuant § 139 (1) clause 3 of the revised German Patent Act is not available for unwilling licensees. A. The […]
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Posted: October 11th, 2022
Tinnus Enterprises LLC and Zuru Inc. v. [x] International, Court of Appeal The Hague, The Netherlands, 20 September 2022, Case no. ECLI:NL:GHDHA:2022:1802 Tinnus holds EP 3 005 948 B1 (hereinafter: EP 948 or the patent). EP 948, entitled ‘Apparatus, system and method for filling containers with fluids’ is licensed to Zuru which markets a toy […]
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Posted: October 3rd, 2022
BRUDY TECHNOLOGY, S.L. v. LABORATORIOS THÈA, S.A. & ESTEVE PHARMACEUTICALS, S.A., Commercial Court no. 4 of Barcelona, 7 March 2022 This first-instance decision issued by Barcelona Commercial Court no. 4 deals with a case of direct infringement of second medical use “Swiss-type” claims. Furthermore, it addresses the applicability of Prosecution History Estoppel in determining the […]
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Posted: September 27th, 2022
Orope Germany GmbH v. Nokia Solutions and Networks OY, joint cases, District Court The Hague, The Netherlands, 7 September 2022, Case No. ECLI:NL:RBDHA:2022:9193 Nokia is the holder of the European patent EP 2 981 103, relating to ‘Allocation of preamble sequences’ (‘EP 103’) as well as the European patent EP 3 220 562 relating to […]
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Posted: September 19th, 2022
The Board of EPLAW is happy to inform EPLAW members that the EPLAW Congress and General Assembly will take place in Brussels, on 2 December (approx from 9.00 am to 15.30 pm). The venue will be once again ‘The Hotel’ in Brussels Continuing the tradition, an informal reception will be held the evening of 1 […]
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Posted: September 16th, 2022
As readers may have already seen, the final consolidated versions of the Rules of Procedure have now been published on the UPC Website in English, German and French They can be accessed here
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Posted: September 13th, 2022
The EPLAW Board wishes to extend to its members the FCBA’s invitation to register to the Fall Session in Amsterdam, taking place between 17-19 October, offering rich professional content and involving distinguished panelists, among them two past presidents of EPLAW, Penny Gilbert and Klaus Haft, and EPLAW Advisory Board member Sabine Agé, as speakers. Access […]
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Posted: September 13th, 2022
The second edition of A Practitioner’s Guide to European Patent Law, for National Practice and the Unified Patent Court, authored by Paul England -with contributions from many others in the field- is out now From the blurb: “This new edition is a comprehensive and practical guide to European patent law – a ‘ius commune’. The […]
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Posted: September 8th, 2022
SEaB Power Ltd v. The Waste Transformers Nederland B.V. et al., summary proceedings District Court The Hague, The Netherlands, 12 July 2022, (joint) Case No. ECLI:NL:RBDHA:2022:6786 SEaB holds patents EP ‘589 and EP 420 relating to portable devices for anaerobic digestion of waste. SeAB requests exhibition of certain evidence, in order to substantiate an infringement […]
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Posted: August 30th, 2022
Synthon B.V. and Synthon S.R.O. v. Teva Pharmaceuticals Europe B.V., Teva Pharmaceutical Industries Ltd, Court of Appeal Amsterdam, The Netherlands, 23 August 2022, Case no. ECLI:NL:GHAMS:2022:2417 Competence of the Dutch Court regarding alleged unlawful enforcement of patents outside the Netherlands. Court of Appeal defers further decisions pending the decision of the European Commission following an […]
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