BE – Tunstall v. Télé-Secours and Victrix Socsan / forced licence

Posted: August 22nd, 2022

Tunstall Group Holdings Limited, Tunstall Group Limited, Tunstal SA v. Victrix Socsan and Télé-Secours, French-speaking Enterprise Court of Brussels, Belgium, 26 July 2022, Case no. A/21/01929  Health solutions provider Tunstall holds EP 2 160 038 B2, a patent relating to tone signaling and more specifically to a method of encoding dual-tone multi-frequency (DTMF) digital elements […]


NL – Floration v. Royal FloraHolland (RFH)

Posted: August 16th, 2022

Floration Europe B.V. v. Coöperatie Royal Floraholland U.A., District Court The Hague, 10 August 2022, Case no. ECLI:NL:RBDHA:2022:8015 Floration holds EP 036, relating to a “Method for long-term storage or transport of roses or chrysanthemums, packaging assembly, container comprising packaging assemblies, and use of packaging assembly”. RFH has started experimenting with the transport of roses […]


NL – HE Licenties v. Orchid Gardens

Posted: August 4th, 2022

HE Licenties B.V. v. Orchid Gardens et al, District Court The Hague, The Netherlands, 27 July 2022, Case no. ECLI:NL:RBDHA:2022:7627 HE Licences is involved in the management of patent rights in the ornamental plants industry. Orchid Gardens cultivates plants, including colored orchids. HE Licences invoked its patent rights against customers of Orchid Gardens. HE Licences […]


UK – BMS/Pfizer v. Sandoz/Teva

Posted: July 23rd, 2022

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. heard together with Teva Pharmaceutical Industries Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. v Teva UK Limited (Part 20 Defendant), High Court, London, UK, 15 July 2022, [2022] EWHC 1831 (Pat) Bristol-Myers Squibb and Pfizer’s formulation patents protecting formulations […]


UK – Optis v. Apple: a look at what counts

Posted: July 19th, 2022

On 13 June 2022, Lord Justice Birss provided the leading Court of Appeal judgment (to which Arnold LJ and Phillips LJ agreed) in Optis v Apple. The Court of Appeal judgment concerned Apple’s appeal in relation to whether a piece of prior art, referred to as InterDigital, anticipated claims 1, 6, and 9 of Optis’ […]


UK – Neurim abd Flynn v. Mylan

Posted: July 14th, 2022

Neurim and Flynn v Mylan [2022] EWCA Civ 699 Introduction The Court of Appeal dismissed Mylan’s appeal against the finding of the Patents Court that European Patent (UK) No. 3 103 443 (“EP443”), a second medical use patent for a prolonged release formulation of melatonin owned by Neurim (and under which Flynn holds an exclusive […]


NL – Novartis v. Mylan

Posted: July 12th, 2022

In an interim relief decision of 21 June 2022, the preliminary injunction (PI) Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0,5 mg provisionally invalid. This is the first substantive PI decision on the validity of EP 894 matter in Europe, where several proceedings between […]


UK – Saint Gobain v. 3M Innovative Properties

Posted: July 11th, 2022

Saint-Gobain Adfors SAS v 3M Innovative Properties Co [2022] EWHC 1666 (Pat), 28 Jun 2022 A recent decision by Michael Tappin QC, sitting as a deputy judge of the High Court, has confirmed that post-judgment amendment in the UK remains very difficult to achieve and could even be viewed by the court as an abuse […]


FR – French Supreme Court embraces crossborder injunctions

Posted: July 7th, 2022

French Supreme Court embraces crossborder injunctions, by Willem Hoyng, HOYNG ROKH MONEGIER  In a decision of 29 June 2022 in a case between the French company Hutchinson which owns an EP patent (EP 340) in among others France, the UK and Germany and a UK company, a South African company and two French companies the […]


UK – Alcon Research v. Pharmathen and Aspire Pharma

Posted: July 7th, 2022

Alcon Research LLC and another v Pharmathen SA and Aspire Pharma Limited, Court of Appeal, London, UK, 28 June 2022, [2022] EWCA Civ 845 The English Court of Appeal (Lord Justice Arnold giving the leading judgment with whom Lady Justice King and Lord Justice Nugee agreed) has rejected an appeal by Aspire Pharma Limited (“Aspire”) […]