EPLAW PATENT BLOG

UPC – Comment : German Federal Constitutional Court (BVerfG) declares German law to ratify the UPCA void

Posted: March 20th, 2020

German Federal Constitutional Court (BVerfG) declares German law to ratify the UPC-Agreement void, by Philipp Rastemborski, Meissner Bolte Partnerschaft mbB A. FEDERAL CONSTITUTIONAL COURT Today, the Federal Constitutional Court (docket no. 2 BvR 739/17), declared the German law on approval of the agreement on the establishment of a Unified Patent Court (“UPC Agreement”) to be […]

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UPC – German Constitutional Court (BVerfG): UPCA Act of Approval void

Posted: March 20th, 2020

Press release from the Bundesverfassungsgericht: “The Act of Approval to the Agreement on a Unified Patent Court (“the Act of Approval”) to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the required two-thirds […]

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EPO – Study: Patent enforcement in Europe

Posted: March 20th, 2020

On an international level, the TRIPS Agreement sets out various enforcement procedures that right holders can rely on to protect their IP rights. In the EU, the Enforcement Directive sets out measures as well as remedies the courts may order in IP cases. However, the manner in which enforcement is carried out differs from country […]

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UK – Eli Lilly and Company v. Genentech

Posted: March 18th, 2020

Eli Lilly and Company v Genentech, Inc., High Court, London, UK, 14 February 2020, Neutral Citation Number: [2020] EWHC 261 (Pat) Summary This decision relates to a preliminary issue and summary judgment application brought by Lilly against Genentech regarding a Genentech divisional patent directed to anti-IL-17 A/F antibodies. Roger Wyand QC, sitting as a Deputy […]

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DE – Preliminary Injunctions involving Patents and German Utility Models

Posted: March 17th, 2020

Court of Appeals Munich, decision of 12 December 2019, docket 6 U 4009/19 Background Like every other interim measure granted by German civil courts, motions for preliminary injunctions involving patents and German utility models must meet the “urgency” requirement established by Secs. 935, 940 German Code of Civil Procedure (ZPO) in order to be allowable. […]

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DE – German Federal Supreme Court / File inspection & Trade Secrets

Posted: March 4th, 2020

File Inspection DE – German Federal Supreme Court, judgment dated 14 January 2020, case no. X ZR 33/19 On 14 January 2020, the German Federal Supreme Court rendered an important decision related to the protection of trade secrets in German Patent Infringement Proceedings. The court had to decide whether the procedural right of file inspection […]

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DK – FRESENIUS KABI V. BIOGEN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (ADALIMUMAB)

Posted: March 2nd, 2020

Fresenius Kabi Deutschland GmbH (“Fresenius”) v. Biogen (Denmark) Manufacturing ApS and Biogen (Denmark) A/S (collectively “Biogen”), and intervening party Samsung Bioepis UK Limited (“Samsung Bioepis”), the Danish Maritime and Commercial High Court Case number BS-39398/2018-SHR, 20 June 2019 Right to continue use begun before the priority date, invalidity due to inadmissible extension of the subject-matter, […]

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News – Global Series 2020 events of the Federal Circuit Bar Association (FCBA)

Posted: February 21st, 2020

The Board of EPLAW calls your kind attention to the Global Series 2020 events of the Federal Circuit Bar Association (FCBA) EPLAW has maintained a fruitful collaboration with the Federal Circuit Bar Association for many years, notably in relation to the Global Series, which in 2020 will take place in Washington D.C. (April 29) and […]

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NL – High Point v. KPN / Supreme Court

Posted: February 19th, 2020

High Point SARL v. KPN B.V., Supreme Court of the Netherlands, 14 February 2020, Case No. ECLI:NL:HR:2020:258 Is it contrary to Articles 68 and 105a-105c EPC that local rules of due process prevent that a centrally limited patent is invoked in proceedings? Interpretation of Articles 68 and 105a-105c EPC according to Articles 31 and 32 […]

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UK – IPCom v. Vodafone

Posted: February 18th, 2020

IPCOM GMBH & CO KG v VODAFONE GROUP PLC and others Over the past 13 years, IPCom has been asserting its portfolio of telecoms patents against various companies in the telecoms sector. In this recent decision in proceedings against Vodafone, IPCom has had its patent found valid, essential and infringed by aspects of Vodafone’s 4G […]

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