Posted: September 23rd, 2020
Eli Lilly and Company and Lilly France v. Fresenius Kabi France and Fresenius Kabi Groupe France, Judiciary Court of Paris, France, 11 September 2020 The Court declares that Lilly’s Pemetrexed patent (EP 1 313 508) is valid and issues an injunction against Fresenius Kabi. A copy of the decision (in English) can be read here.
READ MOREPosted: September 14th, 2020
The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law. The bottom line of this decision […]
READ MOREPosted: September 10th, 2020
Joined cases: Biogen B.V. and Samsung Bioepis UK Limited v. Richter Gedeon NYRT and Richter Gedeon NYRT v. Biogen Netherlands B.V. and Samsung Bioepis B.V., District Court The Hague, 29 July 2020, ECLI:NL:RBDHA:2020:7089 Richter is the holder of EP 3 212 667 B1 (“EP 667”) which claims a pharmaceutical formulation which is free of a […]
READ MOREPosted: August 6th, 2020
The recent decision “Bausatz” of the German Federal Supreme Court dated February 13, 2020 (docket no. X ZR 6/18) is noteworthy for the clear illustration of the criteria the German Federal Supreme Court applies to the assessment of inadmissible extensions. The Federal Supreme Court’s general approach is partially in contrast to the practice pursued by […]
READ MOREPosted: July 17th, 2020
Santen – Clear Judgment by the Court of Justice of the European Union, by Tobias Wuttke Dr. Tobias Popp, Meissner Bolte The recently published judgement of the Court of Justice of the European Union (“CJEU”) dated 9 July 2020 (C-673/18 – Santen) does not merely concern supplementary protection certificates (“SPCs”), which can extend the term […]
READ MOREPosted: July 13th, 2020
An English version of the Sisvel v. Haier judgment is now available The German Federal Court of Justice has issued its first decision on FRAND since the CJEU Huawei v. ZTE decision. In the Sisvel v. Haier case, the FCJ in particular emphasized the obligation of the implementer to be willing to take a FRAND […]
READ MOREPosted: July 11th, 2020
With judgment dated 7 July 2020 (docket no. X ZR 150/18), the German Federal Court of Justice found the German part of Lilly’s patent EP 1 313 508 valid and dismissed the judgment of the German Federal Patent Court which had held in 2018 that Lilly’s patent lacked inventive step. The reasoned decision is not […]
READ MOREPosted: July 10th, 2020
Santen SAS v. Directeur Général de l’Institut national de la propriété industrielle, Court of Justice of the EU, 9 July 2020, Case C‑673/18 “Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning […]
READ MOREPosted: July 8th, 2020
FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17 By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice for the first time interpreted and applied the requirements that were defined by the ECJ in its “ZTE vs. […]
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