EPLAW PATENT BLOG

IT – clarification of relationship between infringement and invalidity proceedings / Supreme Court

Posted: May 21st, 2019

In a recent decision, the Italian Court of Cassation (Cass. Civ. judgement no. 9500 of 4 April 2019) clarified the relationship between patent infringement and patent invalidity proceedings simultaneously pending before different courts under Article 295 of the Italian Code of Civil Procedure (“CCP”). According to Article 295 CCP the judge orders the stay of […]

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ES – Corning v. Electroson / Appeal

Posted: May 21st, 2019

Corning v. Electroson , Court of Appeals of Barcelona, 4 February 2019, Docket No. 223/2018 / Questions regarding consolidation and suspension of proceedings in the case of related actions As clarified by the Court of Appeals of Barcelona in a decision dated 4 February 2019, when two proceedings brought separately by the same plaintiff against […]

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ES – GILEAD v. MYLAN & TEVA / APPEAL

Posted: May 21st, 2019

Gilead Biopharmaceutics Ireland UC, Gilead Sciences, S.L.U., Gilead Sciences Ireland UC & Gilead Sciences, INC. v. Mylan S.A.S., Mylan Pharmaceuticals S.L. & Teva Pharma, S.L.U., Appeals Court of Barcelona, Section 15, 12 December 2018, Docket 121/2018 The Court of Appeals of Barcelona ruled in a preliminary injunction case on the requirements for an SPC, in […]

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NL – Asetek v. Cooler Master Europe / Appeal

Posted: May 17th, 2019

Asetek A/S v. Cooler Master Europe B.V., Court of Appeal The Hague, 14 May 2019, The Netherlands, Case no. ECLI:NL:GHDHA:2019:1118 European Patent relating to Cooling system for computer systems. In first instance, the Dutch part of Asetek’s Patent was invalidated in a successful counter claim from Cooler Master against Asetek’s infringement claim (see here). On […]

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UK – Allergan v. Aspire and Accord Healthcare

Posted: May 15th, 2019

Allergan, Inc and another v Aspire Pharma Limited and Accord Healthcare Limited v Allergan, Inc, High Court, London, UK, 3 May 2019, Neutral Citation Number: [2019] EWHC 1085 (Pat) In this judgment, Arnold J applied for the first time the UK Supreme Court’s decision in Actavis v ICOS [2019] UKSC 15 on inventive step. Background […]

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NL – PFIZER V. / F. HOFFMANN-LA ROCHE AND ROCHE NEDERLAND

Posted: May 14th, 2019

Pfizer PFE B.V. v. F. Hoffmann-La Roche AG, Roche Nederland B.V., District Court The Hague, 8 May 2019, Case no. ECLI:NL:RBDHA:2019:4515 Pfizer initiated three separate proceedings on the merits against Roche in The Netherlands requesting negative judicial declarations (so called “Arrow”-declarations). Roche responded by filing a motion to the District Court in The Hague to […]

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ES – Graf v. Kaban & Daser / Patent infringement at trade fairs

Posted: May 10th, 2019

ES – Graf v. Kaban & Daser, Barcelona Commercial Court, 9 November 2018, Docket No. 1275/2018 – Patent infringement at trade fairs In a decision dated 9 November 2018, Barcelona Commercial Court No. 5 clarified the prima facie case and periculum in mora requirements needed for the granting of precautionary measures in the context of […]

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NL – Philips v. Asus / Appeal / FRAND

Posted: May 9th, 2019

Koninklijke Philips N.V. v. Asustek Computers Inc., Asus Europe B.V. and Asus Holland B.V., Court of Appeal The Hague, The Netherlands, 7 May 2019, Case No. 200.221.250/01 Philips successfully appeals an earlier judgment regarding Philips’ Standard Essential European Patent EP 1 623 511 for a ‘Communication System’ (‘EP ‘511’). A copy of the earlier judgment […]

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NL – Secrid v. [x] and CGIW

Posted: May 3rd, 2019

[plaintif] and Secrid B.V. v. [Defendant 1] and CGIW, Judge in Interlocutory proceedings, District Court The Hague, The Netherlands, 16 April 2019, Case no. ECLI:NL:RBDHA:2019:3684 Alleged infringement of various intellectual property rights, amongst which patent rights relating to a ‘Holder for Credit Cards’. CGIW did not appear in the proceedings. Defendant 1 did not deny […]

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EPO – European Patent Office – Effects of the complaints pending before the German Federal Constitutional Court on pending appeals before the Boards of Appeal – No stay of proceedings

Posted: April 29th, 2019

EPO, Technical Board of Appeal 3.5.04, T 1473/13, decision of January 24, 2019 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In the reported case, the application had been refused. In reply to an unfavorable communication preparing the oral proceedings, the applicant requested to stay the proceedings until the Federal Constitutional Court (“FCC”, in German: “Bundesverfassungsgericht“) […]

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