EPLAW PATENT BLOG

UK – Coloplast v. Salts

Posted: January 25th, 2021

Coloplast A/S v Salts Healthcare Limited [2021] EWHC 3 (Pat) (18 January 2021) In this judgment Nicholas Caddick QC, sitting as a Deputy High Court Judge, found Coloplast’s patent for a “comfort layer” for an ostomy bag invalid for obviousness over the common general knowledge and also over five separate prior art citations. The lengthy […]

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NL – MERCK SHARP & DOHME v. WYETH

Posted: November 25th, 2020

Merck Sharp & Dohme Corp. v. Wyeth LLC, District Court The Hague, The Netherlands, 11 November 2020, Case No. ECLI:NL:RBDHA:2020:11386 Wyeth holds EP 2 676 679, relating to “Formulations which stabilize and inhibit precipitation of immunogenic compositions”. MSD seeks to revoke EP ‘679 and succeeds. The Court rules that there is added matter that could […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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UK – Conversant v Huawei / Appeal / Added matter

Posted: October 20th, 2020

Conversant v. Huawei – UK Court of Appeal finds patent invalid for added matter This was an appeal from a decision of one of the two technical trials in the FRAND dispute between Conversant and Huawei playing out in the Courts of the UK, Germany and China. The patent in suit was European Patent (UK) […]

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DE – “Bausatz” / The direct and unambiguous differences in comparison to standing EPO practice

Posted: August 6th, 2020

The recent decision “Bausatz” of the German Federal Supreme Court dated February 13, 2020 (docket no. X ZR 6/18) is noteworthy for the clear illustration of the criteria the German Federal Supreme Court applies to the assessment of inadmissible extensions. The Federal Supreme Court’s general approach is partially in contrast to the practice pursued by […]

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NL – DTS v. Samsung

Posted: May 20th, 2020

DTS International B.V. v. Samsung Electronics Benelux B.V. et al., District Court The Hague, 13 May 2020, Case no. ECLI:NL:RBDHA:2020:4264 DTS holds EP 3 229 099 and EP 1 634 140 both relating to a ‘method and system for performing a transaction and for performing a verification of legitimate access to, or use of digital […]

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DK – FRESENIUS KABI V. BIOGEN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (ADALIMUMAB)

Posted: March 2nd, 2020

Fresenius Kabi Deutschland GmbH (“Fresenius”) v. Biogen (Denmark) Manufacturing ApS and Biogen (Denmark) A/S (collectively “Biogen”), and intervening party Samsung Bioepis UK Limited (“Samsung Bioepis”), the Danish Maritime and Commercial High Court Case number BS-39398/2018-SHR, 20 June 2019 Right to continue use begun before the priority date, invalidity due to inadmissible extension of the subject-matter, […]

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CH – Lilly v. Sandoz – Pemetrexed, Invalidity Action rejected

Posted: November 4th, 2019

In October 15, 2019, the Swiss Federal Patent Court held in Eli Lilly vs. Sandoz Pharmaceuticals that the Swiss part of Eli Lilly’s patent EP 1 313 508 B1 regarding the use of the anti-cancer drug pemetrexed in combination with a vitamin B12 is valid – almost to the day two years after the Swiss […]

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NL – ASSIA V. KPN ET AL. AND NOKIA – DISTRICT COURT THE HAGUE

Posted: September 25th, 2019

Adaptive Spectrum And Signal Alignment Inc. v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., District Court The Hague, 25 September 2019, Case no. C/09/563488 / HA-ZA 18-1176 On 25 September 2019 the District Court of The Hague rendered a final judgment in the case […]

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