EPLAW PATENT BLOG

HU – Metropolitan Court establishes direct effect of Directive 48/2004/EC to speed up revocation proceedings

Posted: March 26th, 2014

A seemingly ordinary patent revocation proceeding turned into a well of path breaking guidelines from the Metropolitan Court, Budapest, regarding the procedure of the Hungarian Intellectual Property Office (HIPO) and even lead to the declaration of the direct effect of Article 3 of Directive 48/2004/EC (Enforcement Directive). In the reported patent revocation proceeding, the patentee […]

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DE – Save the date: German/Japanese symposium on patent litigation

Posted: February 21st, 2014

On 2 October 2014, the German-Japanese Lawyers Association, the German Patent and Trademark Office, and three other Japanese Organisations will host a free German-Japanese symposium on patent litigation in Munich. The symposium will be in English. Speakers include: Mr. Toshiaki Iimura, Presiding Judge, President of the Japanese IP High CourtMr. Ryoichi Mimura, Former Judge of jap. IP High […]

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CJEU – referral Düsseldorf Court of Appeal re third party supply for Bolar exemption

Posted: January 15th, 2014

CJEU Referral of the Düsseldorf Court of Appeal regarding third party supply for Bolar exemption purposes (now available in English), with thanks to Paul England, Taylor Wessing Last month the Düsseldorf Court of Appeal has referred questions to the CJEU on whether and under what conditions the supply of patent protected substances by a 3rd […]

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EU – Three rulings CJEU on SPC

Posted: December 23rd, 2013

The CJEU delivers a mixed Christmas package for SPC owners, by Matthew Royle, Taylor Wessing On the 12 December the CJEU delivered three important rulings on supplementary protection certificates under Regulation 469/2009/EC ("SPC Regulation"). All the rulings follow in the aftermath of the CJEU's seminal Medeva (C-322/10) decision of 2011. However, only two (Georgetown University and […]

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EU – Can you get more than one SPC per patent?

Posted: November 20th, 2013

Can you get more than one SPC per patent? The Advocate General declines to opine, by Matthew Royle, Taylor Wessing The Advocate General's opinion in Georgetown University (C-484/12) was released on 14 November.  It fails to recommend whether or not more than one SPC can be granted based on the same patent.  However, on the […]

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EU – Liber Amicorum Willem Hoyng

Posted: November 12th, 2013

Willem Hoyng, Litigator The blurb: "This Liber Amicorum is offered to Willem Hoyng in celebration of his 40th anniversary as an IP lawyer and his 25th anniversary as a Professor of IP at Tilburg University. Over the years, Willem has made a very substantial contribution to the field of national and international intellectual property. This […]

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HU – First preliminary injunction based on SPC

Posted: November 12th, 2013

The Metropolitan Tribunal (Budapest) has granted at first instance a preliminary injunction in a pharmaceutical patent infringement case based on a supplementary protection certificate. The case involved two plaintiffs, one of them being the exclusive licensee of the subject SPC, while the other is a pharmaceutical company who acquired from the first plaintiff the marketing […]

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SE – Guidance on employer’s right to an invention by former employees

Posted: November 12th, 2013

ContextVision AB v. SAPHENEIA Commercial products AB, District Court of Stockholm, Sweden, 12 July 2013, Docket No. T 17713-08 ContextVision brought action against Sapheneia, requesting the District Court to determine ContextVision’s right to the invention in Sapheneia’s international PCT patent application, as submitted to the EPO. At the time of the court action, the patent […]

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Are Patent Settlements Anti-Competitive ? EU, U.S. and Korean perspectives

Posted: September 30th, 2013

Under the direction of Paul Nihoul & Alain Strowel, Friday 18 October 2013 (Afternoon session), Bruxelles "When parties are unsure about their rights and claims, litigation ends up with settlements. In the pharmaceutical sector, settlements to end patent disputes between originator and generic companies have recently been under scrutiny. In some instances, patent holders have […]

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