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NL – Floration v. Royal FloraHolland (RFH)

Floration Europe B.V. v. Coöperatie Royal Floraholland U.A., District Court The Hague, 10 August 2022, Case no. ECLI:NL:RBDHA:2022:8015 Floration holds EP 036, relating to a “Method for long-term storage or transport of roses or chrysanthemums, packaging assembly, container comprising packaging assemblies, and use of packaging assembly”. RFH has started experimenting with the transport of roses […]

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News – Book: Judicial Coherence in the European Patent System

Judicial Coherence in the European Patent System, Lessons from the US and Japan, by Federica Baldan, Postdoctoral Researcher, Faculty of Law, University of Antwerp, Belgium and FWO Postdoctoral Researcher, fellowship number 1257321N, Research Foundation Flanders, Belgium The blurb: “This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks […]

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NL – HE Licenties v. Orchid Gardens

HE Licenties B.V. v. Orchid Gardens et al, District Court The Hague, The Netherlands, 27 July 2022, Case no. ECLI:NL:RBDHA:2022:7627 HE Licences is involved in the management of patent rights in the ornamental plants industry. Orchid Gardens cultivates plants, including colored orchids. HE Licences invoked its patent rights against customers of Orchid Gardens. HE Licences […]

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EPO – Amending the description prior to grant of a European patent – recent developments

Amending the description prior to grant of a European patent – recent developments; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG For many years already, it has been common practice at the EPO to adapt the description prior to grant of a European patent to ensure that the subject-matter of the allowable […]

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UK – BMS/Pfizer v. Sandoz/Teva

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. heard together with Teva Pharmaceutical Industries Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. v Teva UK Limited (Part 20 Defendant), High Court, London, UK, 15 July 2022, [2022] EWHC 1831 (Pat) Bristol-Myers Squibb and Pfizer’s formulation patents protecting formulations […]

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UK – Optis v. Apple: a look at what counts

On 13 June 2022, Lord Justice Birss provided the leading Court of Appeal judgment (to which Arnold LJ and Phillips LJ agreed) in Optis v Apple. The Court of Appeal judgment concerned Apple’s appeal in relation to whether a piece of prior art, referred to as InterDigital, anticipated claims 1, 6, and 9 of Optis’ […]

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UK – Neurim abd Flynn v. Mylan

Neurim and Flynn v Mylan [2022] EWCA Civ 699 Introduction The Court of Appeal dismissed Mylan’s appeal against the finding of the Patents Court that European Patent (UK) No. 3 103 443 (“EP443”), a second medical use patent for a prolonged release formulation of melatonin owned by Neurim (and under which Flynn holds an exclusive […]

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NL – Novartis v. Mylan

In an interim relief decision of 21 June 2022, the preliminary injunction (PI) Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0,5 mg provisionally invalid. This is the first substantive PI decision on the validity of EP 894 matter in Europe, where several proceedings between […]

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