EPLAW PATENT BLOG

UK – Koninklijke Philips v. Asustek Computer / Appeal

Posted: January 14th, 2020

Koninklijke Philips N.V. v Asustek Computer Inc [2019] EWCA Civ 2230 (17 December 2019) In this judgment the Court of Appeal (Floyd LJ giving the only judgment) upheld the decisions of the Patents Court on the validity of three patents owned by the Claimant, Koninklijke Philips (‘Philips’). Arnold J (as he then was) had previously […]

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UK – Teva UK Limited and others v. Gilead Sciences / SPC

Posted: January 13th, 2020

Teva UK Limited and others v Gilead Sciences, Inc. [2019] EWCA Civ 2272 The Court of Appeal has dismissed Gilead Sciences, Inc.’s appeal against a decision by Arnold J (as he then was) that its supplementary protection certificate for a product used in the treatment of HIV was invalid. Background The appellant, Gilead Sciences, Inc. […]

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NL – Philips v. Asus / Appeal EP 659

Posted: January 10th, 2020

Koninklijke Philips N.V. v. Asustek Computer Inc. Asus Europe B.V. and Asus Holland B.V. , Court of Appeal The Hague, The Netherlands, 24 December 2019, Case no. ECLI:NL:GHDHA:2019:3427 Philips holds various patents in the field of UMTS technology, amongst which EP 659. In first instance, Philips tried to obtain an injunction against Asus, but the […]

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NL – Philips v. Wiko / Appeal EP 659

Posted: January 8th, 2020

Koninklijke Philips N.V. v. Wiko SAS, Court of Appeal The Hague, The Netherlands, 24 December 2019, Case No. ECLI:NL:GHDHA:2019:3433 Philips holds various UMTS patents, amongst which EP 659. In first instance, Philips was unsuccessful in its injunction proceedings against Wiko, as the Court denied the infringement claim and revoked the Patent based on Wiko’ counterclaim […]

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DE – First Anti Anti Suit Injunctions in Germany confirmed by Higher Regional Court Munich

Posted: December 23rd, 2019

In July and September 2019, the Regional Court Munich had issued the first anti-anti-suit injunctions (AASI) in Germany in preliminary injunction proceedings prohibiting Continental to further pursue an anti-suit injunction (ASI) request against Nokia in the US. The ASI was intended to stop pending patent infringement proceedings in Germany. Similar injunctions have since then been […]

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NL – Fractus v. Xiaomi

Posted: December 18th, 2019

Fractus S.A. v. Xiaomi et al. District Court of The Hague 10 December 2019, ECLI:NL:RBDHA:2019:13184 Introduction In these preliminary injunctions proceedings before District Court of The Hague, the following facts are of relevance. The patentee is Fractus S.A. (“Fractus”), which is a company founded in 1999 to research, develop and commercially exploit small-sized telecommunications antennae […]

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UK – Excel-Eucan Limited v. Source Vagabond Systems

Posted: December 9th, 2019

Excel-Eucan Limited v. Source Vagabond Systems Limited, Patents Court, London, 21 November 2019 [2019] EWHC 3175 (Pat) HHJ Melissa Clarke This judgment from the Patents Court (Her Honour Judge Clarke sitting as deputy) considers the application of the law on infringement by equivalents. The case was heard under the Shorter Trials Scheme which applies to […]

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DK – SANGENIC V. LAMICO / DIAPER PAIL REFILLS

Posted: December 4th, 2019

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court Case number BS-287/2015-SHR, 4 October […]

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UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: December 3rd, 2019

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]

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NL – Coloplast v. Hollister / No Cassation

Posted: November 27th, 2019

Coloplast A/S v. Medical4You, Supreme Court of the Netherlands, 22 November 2019, Case No. ECLI:NL:HR:2019:1833 Coloplast holds European patent EP 1 145 729 with regard to a ready-to-use urinary catheter assembly. On appeal, the patent -while using the problem/solution and could/would approach- was revoked due to lack of inventive step. Coloplast now appeals to the […]

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