EPO – European Patent Office – Effects of the complaints pending before the German Federal Constitutional Court on pending appeals before the Boards of Appeal – No stay of proceedings

Posted: April 29th, 2019

EPO, Technical Board of Appeal 3.5.04, T 1473/13, decision of January 24, 2019 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In the reported case, the application had been refused. In reply to an unfavorable communication preparing the oral proceedings, the applicant requested to stay the proceedings until the Federal Constitutional Court (“FCC”, in German: “Bundesverfassungsgericht“) […]


NL – Philips v. Wiko / Appeal

Posted: April 26th, 2019

Koninklijke Philips N.V. v. WIKO, Court of Appeal The Hague, The Netherlands, 16 April 2019, Case No. 200.219.487/01 Philips holds EP 1623511 for a ‘Communication System’. In first instance, the District Court of The Hague ruled in favor of Wiko’s invalidity counter claim and concluded that the invoked claim 1 of EP ‘511 was invalid due […]


DE – Patent Infringement in Germany – 10 years’ liability for infringer’s profits

Posted: April 25th, 2019

Decision of the German Supreme Court dated 26 March 2019, docket no. X ZR 109/16 – Electronic Power Supply System On 26 March 2019, the German Supreme Court held that an infringer of a German patent is under the legal obligation to surrender to the patentee the profits generated with such infringement for a period […]


DK – Danish Maritime and Commercial High Court limits patent claims and finds indirect patent infringement

Posted: April 24th, 2019

The Danish Maritime and Commercial High Court has handed down an interesting judgment in a case concerning validity and infringement of two patents. The judgment is interesting for two reasons. Partly because the Maritime and Commercial High Court amended the existing patent claims, which the courts rarely do, partly because the Maritime and Commercial High […]


NL – Nutrition v. Noba

Posted: April 17th, 2019

Nutrition Sciences N.V. v. Noba B.V., District Court The Hague, The Netherlands, 10 April 2019, Case no. ECLI:NL:RBDHA:2019:3424 Nutrition is active in the field of ingredients for live stock feed and alleges that Noba infringes on the Dutch part of its EP 1 294 371 B2 relating to “medium chain fatty acids applicable as antimicrobial agents”. […]


IT – Bisio

Posted: April 15th, 2019

The Court of Milan departed from its previous position and decided that an urgent declaration of non-infringement can be granted even after the alleged infringer commenced marketing its product. Bisio Progetti S.p.A. (“Bisio”), a company active in the research and development of coffee and instant drink capsules, sought before the Court of Milan an urgent […]


UK – Ablynx v. VHsquared & Unilever

Posted: April 13th, 2019

Ablynx NV & Vrije Universiteit Brussel v VHsquared Limited & Unilever Nederland B.V. & 4 others [2019] EWHC 792 (Pat), 29 March 2019 This judgment of the High Court follows a preliminary hearing to determine if the UK courts have jurisdiction to hear main proceedings. Summary HHJ Hacon held that the UK courts had exclusive […]


UK – TQ Delta, LLC v. ZyXEL Communications

Posted: April 11th, 2019

TQ Delta, LLC v ZyXEL Communications Limited & Anor [2019] EWHC 745 (Pat), 18 March 2019 In this judgment Mr Justice Carr granted an injunction against ZyXEL, following on from his earlier decision that TQ Delta’s EP (UK) 1,453,268 (“the 268 Patent”) was valid, essential and infringed. See our previous headnote here. ZyXEL submitted that […]


EPO – Plant products produced by essentially biological processes – Referral G 3/19 – Comment

Posted: April 10th, 2019

Exceptions to patentability – Plant products produced by essentially biological processes – Referral G 3/19 The President of the EPO has referred the following points of law to the Enlarged Board of Appeal: 1. Having regard to Article 164(2) EPC, can the meaning and scope of Article 53 EPC be clarified in the Implementing Regulations […]



Posted: April 1st, 2019

ArcelorMittal France v. Tata Steel IJmuiden B.V., Court of Appeal The Hague, 26 March 2019, Case No. ECLI:NL:GHDHA:2019:575 First instance ArcelorMittal was the holder of European patent EP 2 242 863 B1 (“EP 863″), which relates to a “process for manufacturing stamped products, and stamped products prepared from the same”. Tata Steel and other parties […]