EPLAW PATENT BLOG

UK – Syral Belgium v. Roquette Frères

Posted: December 3rd, 2014

Syral Belgium v. Roquette Frères, Supreme Court, Belgium, 12 September 2014, Case No. C.13.0232.N Section 1369bis/1 of the Belgian Judicial Code provides that the court ruling on a petition for a counterfeit seizure must examine the prima facie validity of the intellectual property right invoked. In order to challenge this prima facie validity, defendants frequently […]

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UK – Vringo v. ZTE

Posted: December 3rd, 2014

Vringo Infrastructure Inc. v ZTE Limited, (Pat), Birss J., 28 November 2014, Case No. [2014] EWHC 3924  As reported previously on the EPLAW Patent Blog, Vringo is the owner of a portfolio of patents relating to 2G/3G/4G telecommunication equipment which were originally developed by Nokia. Vringo have been seeking to enforce these patents in a variety […]

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UK – Lantana v. Comptroller General

Posted: November 28th, 2014

Lantana Limited v Comptroller General of Patents, Design and Trade Marks [2014], England and Wales Court of Appeal (Arden, Kitchin and Gloster LLJ), 13 November 2014, Case No. EWCA Civ 1463 In this judgment the Court of Appeal of England and Wales decided a case regarding a patent application for an invention consisting of a […]

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UK – Adaptive Spectrum v. British Telecommunications

Posted: November 28th, 2014

Adaptive Spectrum and Signal Alignment Inc. v British Telecommunications PLC, Court of Appeal, London, UK, 11 November 2014, Patten LJ, Floyd LJ, Sir Stanley Burnton In its judgment of 11 November 2014, the Court of Appeal dismissed BT’s appeal against a decision of Birss J that ASSIA’s patent EP(UK) 1 869 790 (’790) was both […]

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FR – Novartis v. Sanofi-Aventis

Posted: November 25th, 2014

Novartis v. Sanofi-Aventis, French Supreme Court, 16 September 2014, with thanks to Denis Schertenleib, Cabinet Schertenleib, for sending in the decision and a head note The French Supreme Court closes the door on ex parte patent injunctions. Although in practice rare, ex parte injunctions in patent matters were available in France since 2007. These allowed […]

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EU – Huawei v. ZTE – Opinion AG Wathelet (SEP / FRAND)

Posted: November 20th, 2014

Huawei Technologies Co. Ltd v. ZTE Corp., ZTE Deutschland GmbH, Opinion of Advocate General Wathelet, delivered on 20 November 2014, Case C-170/13 "In the light of the foregoing considerations, I propose that the Court should reply as follows to the questions referred for a preliminary ruling by the Landgericht Düsseldorf: 1) The fact that a holder […]

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NL – Novartis v. Alvogen

Posted: November 20th, 2014

Novartis AG v. Alvogen IPCO S.a.r.l. and Focus Farma B.V., Court of Appeal The Hague, Appeal in preliminary relief proceedings, 18 November 2014, case number 200.141.272-01. The Court of Appeal confirms the earlier judgment of the preliminary relief judge, who denied Novartis an injunction on the ground that there was a serious, not to be […]

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IT – Meda Pharma v. Alfa Wassermann

Posted: November 11th, 2014

Meda Pharma GmbH & Co. KG v. Alfa Wassermann spa, Giellepi Chemicals srl, Milan court of appeal, Italy, 10 July 2014 – 16 October 2014 This judgment has confirmed the one rendered in the first instance, dated 23 September 2010 – 17 December 2010,  which may be read here. Apart from procedural issues, this judgment […]

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UK – HTC v Gemalto

Posted: November 3rd, 2014

HTC Corporation v Gemalto S.A., Court of Appeal, 22 October 2014, [2014] EWCA Civ 1335, Laws LJ, Floyd LJ, Vos LJ The Court of Appeal upheld the decision of Birss J that claim 3 of Gemalto’s patent (EP (UK) 0 932 865, relating to using a high level programming language with a smart card or […]

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ES – MSD & Intervet v. Bayer / Ex Parte Interim Injunction

Posted: November 3rd, 2014

Merck Sharp & Dohme Animal Health, S.L & Intervet International, B.V. v. Bayer Hispania, S.L., Commercial Court No. 1 of Barcelona, Spain, 29 July 2014, Docket No. 727/2014. MSD companies Merck Sharp & Dohme Animal Health, S.L. (“MSD AH”) and Intervet International, B.V. (“Intervet”) have been awarded in Spain urgent and ex parte preliminary relief […]

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