EPLAW PATENT BLOG

EU – Conference on Litigation and Settlements in Patent Disputes

Posted: April 7th, 2015

The Academy of European Law (ERA), based in Trier, Germany, is organising a conference on “Litigation and Settlements in Patent Disputes”  The conference, which is to be held in Trier on 7-8 May 2015, aims to provide patent litigators and attorneys with practical guidance on how to make the best use of EU and international […]

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CJEU – request for preliminary ruling Genentech v. Hoechst

Posted: February 20th, 2015

Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 9 December 2014 — Genentech Inc. v Hoechst GmbH, formerly Hoechst AG, Sanofi-Aventis Deutschland GmbH, (Case C-567/14) Question referred: ‘Must the provisions of Article 81 of the Treaty (now Article 101 TFEU) be interpreted as precluding effect being given, where patents […]

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NL – Save the date: AIPPI Symposium

Posted: December 11th, 2014

Thé Dutch IP event is taking place on 11 March 2015 in Zeist.  Read the pre-announcement here. 

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DE – Kurznachrichten / bifurcation

Posted: December 8th, 2014

German Federal Supreme Court in re „Kurznachrichten“, docket no. X ZR 61/13 The attractiveness of litigating patents in Germany resides to a great extent in the bifurcated system which provides for separate and distinct proceedings concerning infringement on the one hand and invalidity on the other. Above all, this separation is for the following three […]

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HU – Collection of evidence via temporary measures

Posted: November 20th, 2014

Collection of evidence via temporary measures before main lawsuit interpreted by Court of Appeal, Budapest Obtaining evidence prior to the commencement of the corresponding lawsuit is made possible in Hungary by Art. 207 of the Code of Civil Procedure (CCP) with specific additional provisions for patent infringement proceedings in the Patent Act. However, as these […]

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EU – AG’s opinions in Spain’s action (summary)

Posted: November 19th, 2014

Advocate General's Opinion recommends dismissal of Spain's actions against EU Regulations on Unitary Patent protection and translation arrangements and urges countries to ratify the UPC Agreement, by Audrey Horton & Wouter Pors, Bird & Bird The European Union is on the threshold of a single patent for almost all of its Member States, the Unitary […]

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DE – Are Patents merely “Paper Tigers”?

Posted: November 17th, 2014

Are Patents merely “Paper Tigers”?, by Peter Hess, Dr. Tilman Müller-Stoy and Martin Wintermeier, Bardehle Pagenberg Patents, whose legal validity is assumed generally and particularly in infringement proceedings, are in fact subject to a considerable risk of being declared invalid in Germany. The present contribution confirms this based on a statistical evaluation of the case law of […]

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NL – Vringo / ZTE (FRAND)

Posted: November 5th, 2014

ZTE Corporation et al. v. Vringo Infrastructure Inc., District Court The Hague, Summary proceedings, 24 October 2014, case number / case list number: C/09/470109 / KG ZA 14-870, with thanks to Bart van den Broek, Hoyng Monegier, for sending in the judgment in Dutch and English, as well as a summary in English Vringo is […]

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DE – A fair warning relating to warning letters

Posted: August 19th, 2014

Order of the Higher Regional Court Düsseldorf, Germany, dated March 20, 2014, docket no. I-2 W 8/14 On March 20, 2014, the Higher Regional Court Düsseldorf had to decide whether the explicit assertion of claims based on one or several explicitly named national parts of an EP patent in a warning letter or a court […]

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DE – Collagenase I and II and Colour delivery system

Posted: June 23rd, 2014

Collagenase I and II (GRUR 2014, 461 + 462) and Colour delivery system – Pharmaceutical applications and expertise in the case of inventive step It may come as a susrpise that the decisions Collagenase I and II delivered in relation to the scope of application for further pharmaceutical applications are presented together with the decision […]

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