EPLAW PATENT BLOG

CJEU – Santen v. Directeur Général INPI / SPC

Posted: 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 […]

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DE – FRAND objection: German Federal Court of Justice applies ZTE v. Huawei

Posted: 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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UK – Neurim and Flynn v. Mylan

Posted: July 1st, 2020

Neurim and Flynn v Mylan [2020] EWCA Civ 793 Introduction In an expedited appeal from the UK Patents Court, the Court of Appeal has dismissed Neurim/Flynn’s appeal and refused to award an interim injunction preventing generic pharmaceutical launch pending trial. The hearing took place on Thursday 18 June 2020, two weeks after the appealed decision, […]

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UK – Regeneron Pharmaceuticals v. Kymab / Supreme Court

Posted: June 29th, 2020

Regeneron Pharmaceuticals Inc (Respondent) v Kymab Ltd (Appellant) [2020] UKSC 27 The Supreme Court has handed down its first patents judgment of 2020 in the case of Regeneron Pharmaceuticals vs Kymab. The judgment (by a four to one majority) overturns the previous decision of the Court of Appeal to find two of Regeneron’s patents covering […]

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CH – Lilly vs. Sandoz – Pemetrexed: Swiss Federal Supreme Court rejects Sandoz’ Appeal

Posted: June 26th, 2020

On 1 May 2020, the Swiss Federal Supreme Court fully rejected Sandoz’ appeal against the decision of the Swiss Federal Patent Court (FPC) in Eli Lilly vs. Sandoz Pharmaceuticals (dated October 15, 2019) holding that the Swiss part of Eli Lilly’s patent EP 1 313 508 B1 regarding the use of the anti-cancer drug pemetrexed […]

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UK – FibroGen & Astellas v. Akebia & Otsuka

Posted: June 25th, 2020

FibroGen & Astellas v Akebia & Otsuka – Lord Justice Arnold returns to the Patents Court for monster six patent trial Lord Justice Arnold returned to the High Court in March to hear a trial involving the validity and threatened infringement of six patents concerning the use of inhibitors (referred to as HIF-PHIs) of an […]

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ES – Fulvestrant / Court of Appeals of Barcelona

Posted: June 16th, 2020

ES – Fulvestrant / Court of Appeals of Barcelona, 19 November 2019, Docket Nos. 240/2019 & 505/2019 In two separate orders, both issued on 19 November 2019, the Barcelona Court of Appeals confirmed the dismissal of a preliminary injunction decided by Orders of 18 July 2018, upon request of ASTRANEZECA against TEVA PHARMA S.L.U. (TEVA) […]

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NL – Fresenius Kabi Nederland v. Eli Lilly / Supreme Court

Posted: June 12th, 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, Supreme Court, The Netherlands, 12 June 2020, Case no. ECLI:NL:PHR:2020:269 The Supreme Court today followed Advocate General Van Peursem’s Opinion and rejected -without further motivation- Fresenius’ appeal, thus upholding the PI decision by the Preliminary Relief Judge of the District Court of The Hague of 24 October […]

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IT – guidance on patent infringement by equivalents / Supreme Court

Posted: June 11th, 2020

The Italian Supreme Court provided guidance on patent infringement by equivalents, with particular regard to the role of prosecution history in determining the patent’s scope of protection. By judgment no. 2977 on 7th February 2020, the Italian Supreme Court (Section I) issued a ruling on a highly debated issue on patent infringement: the role of […]

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