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IT – Guidance Court of Milan on risk of irreparable damage required for interlocutory description order

The Court of Milan provides guidance on the requirement of the risk of irreparable damage for the purpose of granting an interlocutory description order The description order, a remedy available pursuant to Articles 129 and 130 of the Italian Industrial Property Code, is a sui generis preliminary investigation measure. To be granted, the applicant must […]

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DE / UPC – ACT OF APPROVAL OF THE UPC AGREEMENT ENTERED INTO FORCE

Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal […]

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IT – Astrazeneca v. Teva

Astrazeneca v. Teva, Court of Milan, 3 December 2020, docket number 7930/2020 Headnote On 3 December 2020, the Court of Milan rejected the claim of infringement of Astrazeneca patent EP 1272195 (“EP’195”) by the generic Fulvestrant of Teva and declared invalid the Italian portion of such patent for lack of inventive step. The decision also […]

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UK – Dr Reddy’s Laboratories and others v. Warner-Lambert

Dr Reddy’s Laboratories (UK Limited) and others v Warner-Lambert Company LLC and Pfizer Limited This judgment of Zacaroli J is from the first in a series of trials in which various generics companies as well as certain NHS entities (together the “Inquiry Claimants”) are seeking damages under cross undertakings given by Warner-Lambert/Pfizer (the “Inquiry Defendants”). […]

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UK – Interdigital Technology v. Lenovo

Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]

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UK – A Ward Attachments v. Fabcon Engineering

A Ward Attachments Limited v. Fabcon Engineering Limited, 29 July 2021, Case No. [2021] EWHC 2145 (IPEC) In this judgment HHJ Melissa Clarke, sitting as a Judge of the High Court considered validity and infringement arguments relating to two of Ward’s patents (a Parent and Divisional) for “freight container tilting apparatus”. The Parent patent was […]

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