EPLAW PATENT BLOG

HU – Budapest Metropolitan Appeal Court on lack of exclusive jurisdiction IP transfer agreements

Posted: October 17th, 2016

Budapest Metropolitan Appeal Court delivers clear interpretation on lack of exclusive jurisdiction on IP transfer agreements Does the choice of forum clause apply when the validity of an IP transfer agreement is questioned? This was one of several procedural issues for the Metropolitan Court and the Metropolitan Appeal Court to resolve in a recent proceeding. […]

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FR – Time Sport International v. Decathlon and D-H-G Knauer

Posted: October 10th, 2016

Golden helmet for a small French company: more than €1,500,000 in damages for the infringement of a patent covering a bike helmet (after a $8,100,000 settlement agreement with a prior infringer) Time Sport International v. Decathlon and D-H-G Knauer, tribunal de grande instance de Paris, France, 1 June 2016, docket № 10/05487, with thanks to […]

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CJEU – Hoffmann-La Roche AG v. Accord Healthcare (SPC)

Posted: October 6th, 2016

Request for a preliminary ruling under Article 267 TFEU from the Riigikohus (Supreme Court, Estonia), made by decision of 21 October 2015, received at the Court on 2 November 2015, in the proceedings F. Hoffmann-La Roche AG v Accord Healthcare OÜ, 5 October 2016, Case C‑572/15 1. The Court of Justice of the European Union […]

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NL – Quest Integrety USA v. A. Hak Industrial Services

Posted: September 27th, 2016

Quest Integrety USA LLC v. A. Hak Industrial Services B.V., District Court The Hague (PI Judge), the Netherlands, 21 September 2016, Case no. ECLI:NL:RBDHA:2016:11387 Request for access to evidence located in the Netherlands for use in US patent infringement proceedings. The PI Judge rules that Article 1019 DCCP (implementation of the Enforcement Directive) is not […]

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DE – Relevance of patent infringement in tender proceedings

Posted: September 22nd, 2016

Higher Regional Court of Dusseldorf on the relevance of patent infringement in tender proceedings (decision of December 1, 2015 – Case VII-Verg 20/15) Bidders in tender proceedings lack the necessary personal suitability if offering their tendered products would constitute patent infringement, thus making it legally impossible to adequately perform the services tendered. The tendering authority […]

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UK – Fujifilm Kyowa Kirin Biologics Company v. AbbVie Biotechnology

Posted: September 20th, 2016

Fujifilm Kyowa Kirin Biologics Company Limited v AbbVie Biotechnology Limited and AbbVie Limited (Arnold J), London, UK, 8 September 2016, Neutral Citation Number: [2016] EWHC 2204 (Pat) This judgment of Arnold J relates to an application made by the Defendants (collectively “AbbVie”) in the context of a wider claim in which the Claimant (“FKB”) had […]

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UK – Philips v. Asustek

Posted: September 15th, 2016

Koninklijke Philips NV v Asustek Computer Inc., HTC Corporation and others, UK Patents Court, Arnold J, 9 September 2016, Neutral Citation Number [2016] EWHC 2220 (Pat) This judgment relates to a preliminary issue in a dispute between Philips and ASUS/HTC.  In the main dispute Philips have alleged that the defendants have infringed patents that are […]

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UK – Nicocigs v. Fontem

Posted: September 13th, 2016

Nicocigs Limited v. Fontem Holdings 1 BV, UK Patents Court, Mr John Baldwin QC, 2 September 2016, 2016 EWHC 2161 (Pat) In this action Nicocigs sought to revoke European Patent (UK) 2 022 349 and/or a declaration that its products did not infringe the patent.  The patent concerned electronic cigarettes, a market that has expanded […]

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NL – Teva v. Boehringer Ingelheim

Posted: September 12th, 2016

Teva Pharmaceuticals Europe B.V. v. Boehringer Ingelheim Pharma GmbH & CO.KG, District Court The Hague, the Netherlands, 7 September 2016, Case number 489185 / KG ZA 15-15-625 In the present proceedings initiated by Teva against Boehringer before the District Court of The Hague, Teva successfully claims annulment of certain (amended) claims of the Dutch part […]

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NL – VWS v. Ventraco et al

Posted: September 7th, 2016

District Court The Hague 27 July 2016, C/09/485397 / HA-ZA 15-366 (VWS vs. Ventraco et al) VWS owns a European patent, EP 2 389 415 B1 (“EP 415”), in which a method for rejuvenating a bitumen containing composition (such as asphalt) is claimed. The method according to claim 1 comprises, amongst other features, a distillation […]

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