Posted: March 8th, 2022
Wiko SAS v. Koninklijke Philips N.V., Dutch Supreme Court, 25 February 2022, Case nos. ECLI:NL:HR:2022:296 and ECLI:NL:HR:2022:294 Standard Essential Patent (SEP) in Mobile Telecommunications. Infringement. Abuse of a dominant position? Is the license offer fair, reasonable and non-discriminatory (FRAND)? The Supreme Court confirms this judgment and this judgment of the Court of Appeal and dismisses the appeal without […]
READ MOREPosted: March 4th, 2022
Koninklijke Philips N.V. v. Wiko SAS Dutch Supreme Court, the Netherlands, 25 February 2022, Case No. ECLI:NL:HR:2022:163 Philips holds various UMTS patents, amongst which EP ‘659. In first instance, Philips was unsuccessful in its injunction proceedings against Wiko, as the Court denied the infringement claim and revoked the Patent based on Wiko’ counterclaim as several […]
READ MOREPosted: February 23rd, 2022
Basic Holdings ULC v. Afire NL-BE et al. District Court The Hague, The Netherlands, 16 February 2022, Case no. ECLI:NL:RBDHA:2022:1081 Basic holds EP 2 029 941 B1 entitled “Artificial Fireplace” and alleges that Afire infringes its patent by marketing certain artificial fireplaces. The Court rules that: “The claimed feature ‘apertured bed’ is, as Afire et […]
READ MOREPosted: February 16th, 2022
Corbin Clinical Resources LLC v. Pelvitec B.V., Leapmed France SAS et al., preliminary relief Judge District Court The Hague, 3 February 2022, Case No. ECLI:NL:RBDHA:2022:702 Preliminary injunction proceedings, PI rejected. The patent on a medical device was deemed not (in)directly infringed because in the provisional opinion of the PI Judge the patent is not valid. […]
READ MOREPosted: January 5th, 2022
Introduction With Decision No. 21832 of 29 July 2021, the Italian Supreme Court clarified: (a) what the relationship is between compensation for lost profits under Art. 125(1) of the Italian Intellectual Property Code (“IPC”) and recovery of profits under Art. 125(3) IPC; and (b) whether the recovery of profits requires wilful intent or negligence by […]
READ MOREPosted: December 30th, 2021
AstraZeneca B.V. and AstraZeneca AB v. Menzis Zorgverzekeraar N.V. and Anderzorg N.V., Court of Appeal The Hague, The Netherlands, 28 December 2021, Case No. 200.286.638/0, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for providing the judgment and the translation “In 2014, the District Court invalidated a pharmaceutical patent of AstraZeneca AB for lack of […]
READ MOREPosted: December 23rd, 2021
European Patent Office, Legal Board of Appeal, Order in cases J 8/20 and J 9/20 published on December 21, 2021; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG In a Press Communiqué of December 21, 2021, the Legal Board of Appeal published the order in cases J 8/20 and J 9/20 dealing […]
READ MOREPosted: December 16th, 2021
Bayer Healthcare LLC v. Teva B.V. et al. PI Judge District Court The Hague, the Netherlands, 10 December 2021, Case no. ECLI:NL:RBDHA:2021:13616 Third generation divisional. Foreign proceedings on the mertits in which parts of the were invalidated do not take away the fact that the Dutch PI judge should reach its own conclusions. “At the […]
READ MOREPosted: November 29th, 2021
Erasmus MC and Invivo v. Vitro et al., Court of Appeals of Barcelona, 8 April 2021, Appeal Docket No. 1969/2020 On 8 April 2021, the Court of Appeals of Barcelona rendered judgment on appeal in a complex case relating to nucleic acid amplification primers for PCR-based clonality studies, involving a number of issues regarding the […]
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