EPLAW PATENT BLOG

DE – Scheinwerferbelüftungssystem / Interpretation of a patent claim in differentiation from the prior art

Posted: June 12th, 2019

Interpretation of a patent claim in differentiation from the prior art – Federal Court of Justice, judgment of 27.11.2018, X ZR 16/17 – Scheinwerferbelüftungssystem In its decision, the Federal Court of Justice deals with the interpretation of a patent claim in distinction from the state of the art cited by the patent description. Accordingly, when […]

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DE – Federal Court of Justice confirms rejection preliminary compulsory license cholesterol lowering drugs

Posted: June 6th, 2019

In its decision of 4 June 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed a rejection of an application for a preliminary compulsory license for a cholesterol-lowering drug. It is just the second time that the FCJ had to deal with the questions of a compulsory licence. The first case concerning […]

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UK – Abott v. Edwards Lifesciences

Posted: June 4th, 2019

(1) Evalve Inc. (2) Abbot Cardiovascular Systems Inc. (3) Abbot Medical UK Limited v Edwards Lifesciences Limited, Patents Court, London, UK, 3rd May 2019, [2019] EWHC 1158 (Pat) This judgment from Henry Carr J disposed of an interim injunction application by the Claimants (collectively “Abbot”) against the Defendant (“Edwards”). Abbot had alleged infringement of two […]

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NL – Mobile Sanitary Solutions v. TWT Verhuur

Posted: May 31st, 2019

Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V., court of Appeal The Hague, The Netherlands, 28 May 2019, Case no. ECLI:NL:GHDHA:2019:1182 MSS holds EP 2 780 515 entitled ‘Mobile sanitary unit for accommodating at least three sanitary facilities’. The Court of Appeal like the Judge in first instance rules that here is a serious, non […]

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NL – Tata Steel IJmuiden v. ArcelorMittal / OPINION ADVOCATE GENERAL

Posted: May 28th, 2019

Tata Steel IJmuiden v. ArcelorMittal, Dutch Supreme Court, Opinion Advocate General, 19 April 2019, Case No. ECLI:NL:PHR:2019:510 This case concerns the scope of EP 0044 held by ArcelorMittal and relating to ‘Clad hot-rolled and cold-rolled steel sheet, presenting a very high resistance after thermal treatment’.  EP 044 states in the claims that the lower threshold for […]

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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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