EPLAW PATENT BLOG

News – Book: A Commentary on the TRIPS Agreement / new edition

Posted: August 31st, 2020

The Second Edition of the book ‘Trade Related Aspects of Intellectual Property Rights, A Commentary on the TRIPS Agreement’,  is now available Author: Carlos Maria Correa For more information, please click here.

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EU – Commission to register ‘Right to Cure’ initiative

Posted: August 22nd, 2020

European Citizens’ Initiative: Commission decides to register ‘Right to Cure’ initiative “Today, the European Commission decided to register a European Citizens’ Initiative (ECI) entitled ‘Right to Cure’. The organisers of the ECI call on the Union ‘to put public health before private profit [and] make anti-pandemic vaccines and treatments a global public good, freely accessible […]

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DE – “Bausatz” / The direct and unambiguous differences in comparison to standing EPO practice

Posted: August 6th, 2020

The recent decision “Bausatz” of the German Federal Supreme Court dated February 13, 2020 (docket no. X ZR 6/18) is noteworthy for the clear illustration of the criteria the German Federal Supreme Court applies to the assessment of inadmissible extensions. The Federal Supreme Court’s general approach is partially in contrast to the practice pursued by […]

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DE / UPC – Will Germany ratify the Unified Patent Court system soon?

Posted: July 21st, 2020

The ministerial draft bill ratifying the Unified Patent Court Agreement (UPCA) – is the UPCA ready to enter into force? By Tilman Müller-Stoy and Rudolf Teschemacher, Bardehle Pagenberg The history of the Unitary Patent and the Unified Patent Court project has been full of surprises with it taking a new course in February 2020 on […]

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CJEU – Santen / SPC / Comment

Posted: July 17th, 2020

Santen – Clear Judgment by the Court of Justice of the European Union, by Tobias Wuttke Dr. Tobias Popp, Meissner Bolte The recently published judgement of the Court of Justice of the European Union (“CJEU”) dated 9 July 2020 (C-673/18 – Santen) does not merely concern supplementary protection certificates (“SPCs”), which can extend the term […]

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DE – Sisvel v. Haier / English version of judgment

Posted: July 13th, 2020

An English version of the Sisvel v. Haier judgment is now available The German Federal Court of Justice has issued its first decision on FRAND since the CJEU Huawei v. ZTE decision. In the Sisvel v. Haier case, the FCJ in particular emphasized the obligation of the implementer to be willing to take a FRAND […]

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DE – Eli Lilly v. various generics / validity (pemetrexed)

Posted: July 11th, 2020

With judgment dated 7 July 2020 (docket no. X ZR 150/18), the German Federal Court of Justice found the German part of Lilly’s patent EP 1 313 508 valid and dismissed the judgment of the German Federal Patent Court which had held in 2018 that Lilly’s patent lacked inventive step. The reasoned decision is not […]

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CJEU – Santen v. Directeur Général INPI / SPC

Posted: July 10th, 2020

Santen SAS v. Directeur Général de l’Institut national de la propriété industrielle, Court of Justice of the EU, 9 July 2020, Case C‑673/18 “Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning […]

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DE – FRAND objection: German Federal Court of Justice applies ZTE v. Huawei

Posted: July 8th, 2020

FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17 By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice for the first time interpreted and applied the requirements that were defined by the ECJ in its “ZTE vs. […]

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UK – Neurim and Flynn v. Mylan

Posted: July 1st, 2020

Neurim and Flynn v Mylan [2020] EWCA Civ 793 Introduction In an expedited appeal from the UK Patents Court, the Court of Appeal has dismissed Neurim/Flynn’s appeal and refused to award an interim injunction preventing generic pharmaceutical launch pending trial. The hearing took place on Thursday 18 June 2020, two weeks after the appealed decision, […]

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