EPLAW PATENT BLOG

NL – Novartis v. Teva / everolimus appeal

Posted: October 10th, 2019

Novartis Pharma AG, Novartis International Pharmaceutical AG, Novartis AG v. Teva Nederland B.V., Court of Appeal The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:GHDHA:2019:2648 Novartis holds substance patent EP 0 663 916 relating to everolimus, an immonosuppressant, as well as six divisionals relating to ‘cancer treatment’. Teva holds a Dutch marketing authorisation for […]

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NL – Biogen v. Swiss Pharma

Posted: September 27th, 2019

Biogen v. Swiss Pharma, Court of Appeal of The Hague 10 September 2019 Biogen MA Inc (“Biogen”) is a pharmaceutical company marketing numerous medicinal products including Tysabri (or Antegren). The active pharmaceutical ingredient of Tysabri is natalizumab, which in turn is a humanized monoclonal antibody against the cell adhesion molecule α4-integrin. Swiss Pharma International AG […]

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NL – ASSIA V. KPN ET AL. AND NOKIA – DISTRICT COURT THE HAGUE

Posted: September 25th, 2019

Adaptive Spectrum And Signal Alignment Inc. v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., District Court The Hague, 25 September 2019, Case no. C/09/563488 / HA-ZA 18-1176 On 25 September 2019 the District Court of The Hague rendered a final judgment in the case […]

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NL – Bayer Animal Health v. CEVA Santé Animale

Posted: September 23rd, 2019

Bayer Intellectual Property GmbH and Bayer Animal Health GmbH v. Ceva Santé Animale SA. and Ceva Santé Animale B.V., District Court The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:RBDHA:2019:9764 Reasonable chance that Bayer’s patent will be invalidated by the Technical Board of Appeal or in proceedings on the merits, despite the earlier decision […]

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CJEU – Bayer / Art. 9 (7) Enforcement Directive / “appropriate compensation”

Posted: September 18th, 2019

CJEU preliminary ruling judgment in C-688/17 (Bayer) provides interpretation on Art. 9 (7) of the Directive 48/2004/EC (Enforcement Directive) based on a referral from the Hungarian court On September 12, 2019 the Court of Justice laid down its decision in C-688/17 (Bayer) in a preliminary ruling proceeding coming from the Metropolitan Court, Budapest, about the […]

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CJEU – Eli Lilly v. Genentech / Request for a preliminary ruling ‘manifestly inadmissible’

Posted: September 17th, 2019

Eli Lilly and Company v. Genentech Inc., Reference for a preliminary ruling, 5 September 2019, Case C‑239/19 “[T]he justification for a reference for a preliminary ruling is not that it enables such opinions to be delivered but rather that it is necessary for the effective resolution of a dispute concerning EU law (judgment of 13 […]

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CJEU – Royalty Pharma Collection Trust and Sandoz v. Searle / SPC

Posted: September 12th, 2019

Joined Cases C‑650/17 and C‑114/18, Royalty Pharma Collection Trust joined party Deutsches Patent- und Markenamt (Request for a preliminary ruling from the Bundespatentgericht (Germany)) and Sandoz Ltd, Hexal AG v. G.D. Searle LLC, Janssen Sciences Ireland (Request for a preliminary ruling from the Court of Appeal (England & Wales), Opinion of Advocate General Hogan, 11 September […]

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LU – TATA STEEL v ARCELORMITTAL

Posted: August 30th, 2019

TATA STEEL v ARCELORMITTAL, District Court of Luxemburg, 17 July 2019 ARCELORMITTAL has submitted a patent application (EP 2 906 734) on “A method for manufacturing a metal sheet with a ZnAl [Zinalium, a zinc-based metal] coating and with optimized drying, corresponding metal sheet part and vehicle”, as well as a divisional patent application (EP […]

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SE – Three years with the Swedish Patent and Market Court

Posted: August 28th, 2019

Three years with the Swedish Patent and Market Court Today, three years after its inception on 1 September 2016, and with more data now available, it is time to follow up on our 2017 blog post  regarding the efficiency and reliability of patent cases adjudicated by the Swedish Patent and Market Court. By Erik Ficks […]

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NO – Standard of proof when ascertaining the contents of oral disclosure

Posted: August 24th, 2019

Norcape Biotechnology AS (Norcape) v. the Norwegian Board of Appeal for Intellectual Property Rights (Board of Appeal), Courts of Appeal Oslo, Norway, 22 July 2019, Case No.: LB-2018-72158-2 In May 2004, Norcape filed a patent registration for two products and one process concerning animal feed made of waste products from fish. The claimed invention combined […]

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