EPLAW PATENT BLOG

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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UK – IPEC REVOKES TWO PATENTS RELATING TO PLASTIC PACKAGING

Posted: August 5th, 2019

Quinn Packaging Limited v Linpac Packing Limited & R.Faerch Plast A/S [2019] EWHC 2119 (IPEC) Quinn Packaging Limited (Quinn) sought to revoke two patents owned by Linpac Packaging Limited (Linpac) and R.Faerch Plast A/S (Faerch) relating to transparent trays with lids for the storage of fruit, fish or meat. Hacon HHJ held that both patents […]

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UK – Conversant v. Huawei & ZTE / FRAND

Posted: July 9th, 2019

Conversant v Huawei & ZTE [2019] EWHC 1687 (Pat) UK Court considers essentiality and validity of patent in FRAND dispute. Background This judgment represents one of the technical trials in the dispute between Conversant (Claimant) and Huawei and ZTE (together the Defendants). The wider case relates to an ongoing dispute regarding what is a FRAND […]

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