EPLAW PATENT BLOG

UK – Supreme Court / Warner-Lambert v. Mylan & Actavis / second medical use / plausibility

Posted: November 14th, 2018

The UKSC has introduced a new test for the infringement of Swiss form second medical use claims and clarified the application of the test for plausibility of purpose-limited claims, by Tim Powell, Bethan Hopewell, Siddharth Kusumakar and Joel Coles, Powell Gilbert LLP  The United Kingdom Supreme Court (UKSC) today handed down its highly-anticipated judgment in the […]

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UK – Coloplast v. MacGregor Healthcare

Posted: November 7th, 2018

Coloplast A/S v. MacGregor Healthcare Limited, UK Intellectual Property Enterprise Court, 24 October 2018, [2018] EWHC 2797 (IPEC) This is a first instance decision from the UK Intellectual Property Enterprise Court “IPEC” on the validity and infringement of European Patent (UK) 1 145 729. The patent claimed a ready-to-use urinary catheter assembly which is stored […]

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NL – G.D. Searle v. Sandoz

Posted: November 6th, 2018

G.D. Searle LLC. v. Sandoz B.V., PI Judge District Court The Hague, 1 November 2018, Case no. ECLI:NL:RBDHA:2018:13017 Sandoz, without any prior warning, introduced a generic version of Prezista® at risk on the Dutch market. Sandoz included its product in the October version of the ‘G-Standaard’, which is the Dutch database containing information on all […]

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UK – Icescape Limited v. Ice-World International

Posted: November 6th, 2018

Icescape Limited v Ice-World International BV & Ors, Court of Appeal, London, UK, 10 October 2018, [2018] EWCA Civ 229 On 10 October 2018 the Court of Appeal handed down judgment in this case which concerned two companies both engaged in the making, operating and leasing of mobile ice rinks. Ice-World was the proprietor of […]

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IT – Eli Lilly / Alimta® – decision overturned

Posted: November 1st, 2018

Court of Milan overturns first instance decision on appeal (“reclamo”) and orders a preliminary injunction based on equivalent infringement of Eli Lilly’s Alimta® patent In a decision of 15th October 2018 in urgent proceedings, the Court of Milan’s appeal panel (comprised of President and Judge rapporteur, Mr Claudio Marangoni and Judges Anna Bellesi and Alima […]

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UK – Unwired Planet International Ltd v. Huawei

Posted: November 1st, 2018

Unwired Planet International Ltd v Huawei Technologies Co Ltd, Court of Appeal, London, UK [2018] EWCA Civ 2344 On 23 October 2018, the Court of Appeal handed down its judgment in Unwired Planet v Huawei on FRAND licensing of standard-essential patents (‘SEPs’). The Court of Appeal dismissed all three grounds of Huawei’s appeal and upheld […]

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NL – MSD v. Teva, Pharmachemie and centrafarm / SPC

Posted: October 26th, 2018

MSD v. Teva, Pharmachemie and centrafarm, Court of Appeal The Hague, 23 October 2018 The Court of Appeal in interlocutory proceedings finds that MSD’s SPC for the combination product of ezetimibe and simvastatin is likely to be found invalid in proceedings on the merits in view of Article 3 c) of Regulation No 469/2009 (“SPC […]

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EPO – Appeal proceedings – Scope of discretion to disregard late submissions

Posted: October 19th, 2018

EPO, Technical Board of Appeal 3.2.05, decision of June 13, 2018 in case T 1914/12 The patent in suit directed to a method of adhesive bonding had been revoked on the grounds of lack of inventive step starting from document D51 as closest prior art in combination with document D3. In appeal proceedings, the proprietor […]

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NL – Samsung v. Yorcom Computers et al.

Posted: October 18th, 2018

Samsung Electronics Co Ltd v. Yorcom Computers B.V., Maxperian NL B.V. and Digital Revolution B.V. (joined cases), District Court The Hague, The Netherlands, 17 October 2018, Case no. ECLI:NL:RBDHA:2018:12290 Samsung holds EP 327, EP 559 en EP 701 relating to ink cartridges and sues Maxperian, Digital Revolution and Yorcom for patent infringement. Yorcom et al […]

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EPO – New version Guidelines for Examination (2018)

Posted: October 18th, 2018

The Guidelines for Examination 2018 (in English), including an index dedicated to computer-implemented inventions and a full list of amended sections, are now available online for preview. They enter into force on 1 November 2018.

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