IT – Garbuio v. Comas / Infringement by equivalents

Posted: June 2nd, 2022

The Italian Supreme Court on patent infringement by equivalents: central relevance must be given to the individual elements claimed by the patent By judgment no. 120 on 4th January 2022, the Italian Supreme Court addressed the topic of patent infringement by equivalents. In particular, the Court provided guidance on two debated issues under Italian law: […]


NL – Bristol-Myers Squibb v. Sandoz / Apaxiban

Posted: May 19th, 2022

Bristol-Myers Squibb Holdings Ireland Unlimited Company v. Sandoz B.V., District Court The Hague (interlocutory decision), 10 May 2022, Case no.  ECLI:NL:RBDHA:2022:4385 BMS markets the medicine Eliquis®, with apixaban as the active ingredient. Apixaban is a substance that inhibits the action of factor Xa. Inhibiting factor Xa helps prevent blood clots from forming. Eliquis® is used […]


IT – Novartis Pharma v. Medac Farma

Posted: May 5th, 2022

Novartis Pharma vs. Medac Farma, Court of Milan, 10 January 2022, Case number 11933/2022 A decision on second medical use patent and skinny labelling in Italy was handed down by the Court of Milan on 10 January 2022. The Court held skinny label alone as insufficient to avoid infringement of second medical use claims and […]


CJEU – Phoenix v. Harting

Posted: April 29th, 2022

Preliminary ruling under Article 267 TFEU in the case between Phoenix Contact GmbH & Co. KG v. HARTING Deutschland GmbH & Co. KG, Harting Electric GmbH & Co. KG, 28 April 2022, Case No. C‑44/21, ECLI:EU:C:2022:309 “By its question, the referring court asks, in essence, whether Article 9(1) of Directive 2004/48 must be interpreted as […]


NL – Novartis v. Mylan

Posted: April 20th, 2022

Novartis versus Mylan, PI judge District Court of The Hague 22 March 2022, ECLI:NL:RBDHA:2022:2490 (interlocutory decision) Market entry by the generic pharmaceutical company Mylan before the grant of a Novartis patent – which will be infringed once granted – is not unlawful. Not even if Novartis’ patent will be granted with certainty and the wording […]



Posted: April 13th, 2022

Shark Helmets S.A.S. v. Tech Design Team S.L., Commercial Court no. 5 of Barcelona, 28 October 2021, Docket No. 729/2020 In this decision issued on 28 October 2021, Barcelona first instance Patent Courts examined the question of interpreting the extent of protection of the claims in view of the patent description and drawings. The plaintiff, […]


UK – Optis v. Apple

Posted: March 30th, 2022

Judgment handed down in the last of the technical trials in Optis v Apple saga: Optis succeeds in arguing that its patents are valid and infringed by Apple Overview The 15 March 2022 judgment of Mr Justice Meade is the latest in the Optis v Apple saga. It is the last in the series of […]


ES – Vorwerk v. Lidl Supermercados

Posted: March 29th, 2022

Vorwerk v. Lidl Supermercados, Court of Appeals of Barcelona, Spain, 13 January 2022, Appeal Docket No. 880/2021 (ECLI:ES:APB:2022:1) One year after the first-instance ruling in one of the most mediatic patent cases in Spain, the Court of Appeals of Barcelona rendered a judgment changing course, namely inreversing the first instance judgment and declaring the invalidity […]


UK – Jones v. Irmac Roads

Posted: March 17th, 2022

Jones v. Irmac Roads Ltd [2022] EWHC 495 (IPEC) In these proceedings Jones sought a declaration (under s.37 of the Patents Act 1977; the “Patents Act”) that he, not Irmac Roads Ltd, was the proprietor of UK Patent No. 2 506 097 (“the Patent”) granted on 13 September 2017. The Patent claims an invention entitled […]