EPLAW PATENT BLOG

ES – EDWARDS LIFESCIENCES v. MERIL

Posted: July 7th, 2021

Commercial Court No. 5 of Barcelona, Spain, 30 December 2020, case number 66/2020 (ECLI:ES:JMB:2020:310A) In this decision dated 30 December 2020, Barcelona Patent Courts provided some useful insights on how to meet the periculum in mora requirement (danger in delay) for the granting of precautionary measures for patent infringement in Spain. According to Spanish procedural […]

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UK – Add2 v. dSPACE

Posted: July 5th, 2021

UK Patents Court holds electronic interface patent invalid, by Graham Burnett-Hall, Marks & Clerk The UK Patents Court has issued its judgment in an infringement action brought by Add2 Research and Development Limited against dSPACE Digital Signal Processing & Control Engineering GmbH and dSPACE Limited, in which Add2 alleged infringement of European Patent No. 1 […]

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IT – Astrazeneca v. Teva / Fulvestrant

Posted: June 30th, 2021

Astrazeneca vs. Teva, Court of Milan, 24 December 2020, docket number 8782/2020 The last available decision on Fulvestrant in Italy was handed down by the Court of Milan on 24 December 2020, which held invalid/ineffective three patents of AstraZeneca. With a detailed and extensive reasoning, the Court declared EP’573 invalid for lack of inventive step, […]

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DE – Application of FRAND objection by Düsseldorf District Court following FRAND-Einwand I and II

Posted: May 27th, 2021

Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20 With its judgments of May 11, 2021, docket nos. 4b O 83/19, 4b O 23/20, and 4b 49/20, the Düsseldorf District […]

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DE – Court of Justice – FRAND-Einwand II

Posted: May 27th, 2021

Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17 / FRAND Following the decision FRAND-Einwand of May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice had to deal with the dispute between Sisvel and Haier and decide on Haier’s FRAND defense for a second time. With its […]

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ES – VORWERK v. LIDL SUPERMERCADOS

Posted: May 17th, 2021

Commercial Court No. 5 of Barcelona, Spain, 19 January 2021, case number 1231/2019 In one of the most mediatic patent lawsuits of recent times in Spain, the Commercial Court no. 5 of Barcelona, in its Judgment of 19 January 2021, ordered the supermarket chain Lidl to cease all commercial exploitation in Spain of its “Monsieur […]

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UK – Kwikbolt v. Airbus / Applying the “inventive concept” to the doctrine of equivalents

Posted: April 20th, 2021

Further to the UK Supreme Court introducing a doctrine of equivalents into UK patent law in the summer of 2017 (see here), the UK courts are gradually coming to terms with the various approaches that have to be applied in deciding whether to apply the doctrine in the absence of “literal” infringement of a claim. […]

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UK – Facebook Ireland v. Voxer IP

Posted: April 20th, 2021

Facebook Ireland Limited v Voxer IP LLP The UK Supreme Court introduced a doctrine of equivalents into UK patent law in the summer of 2017 (see here). In this short judgment arising from a Pre-Trial Review (PTR), Lord Justice Birss provided guidance on how, and at what stage of proceedings, a party should plead a […]

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UK – Vestel v. Access Advance & Philips

Posted: April 20th, 2021

(1) Vestel Elektronik Sanayi Ve Ticaret A.S. (2) Vestel UK Limited v (1) Access Advance LLC (2) Koninklijke Philips N.V. , 26 March 2021, Court of Appeal, UK, Case No. A3/2020/0019 The UK Court of Appeal (“CofA”) dismissed an appeal by Vestel against the decision that the UK Court had no jurisdiction to hear Vestel’s […]

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IT – SISVEL and Brau v. TOSHIBA

Posted: March 23rd, 2021

On 14 April 2020, the Court of Appeal of Milan (‘CoA’) delivered its decision (n. 898/2020) in a patent case between S.I.SV.EL. SpA (‘Sisvel’ or the ‘Appellant’) and BRAU VERWALTUNGSGESELLSCHAFT mbH (‘Brau’ or the ‘Appellant’) against TOSHIBA EUROPE GmbH (‘Toshiba’) The patent at issue in this case is the Italian fraction of Brau’s patent n. […]

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