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 […]
READ MOREPosted: 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) […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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, […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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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