CJEU – Bayer / Art. 9 (7) Enforcement Directive / “appropriate compensation”

Posted: September 18th, 2019

CJEU preliminary ruling judgment in C-688/17 (Bayer) provides interpretation on Art. 9 (7) of the Directive 48/2004/EC (Enforcement Directive) based on a referral from the Hungarian court On September 12, 2019 the Court of Justice laid down its decision in C-688/17 (Bayer) in a preliminary ruling proceeding coming from the Metropolitan Court, Budapest, about the […]


UK – Napp v. Sandoz

Posted: July 3rd, 2019

UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of an injunction restraining the launch […]


UK – Abott v. Edwards Lifesciences

Posted: June 4th, 2019

(1) Evalve Inc. (2) Abbot Cardiovascular Systems Inc. (3) Abbot Medical UK Limited v Edwards Lifesciences Limited, Patents Court, London, UK, 3rd May 2019, [2019] EWHC 1158 (Pat) This judgment from Henry Carr J disposed of an interim injunction application by the Claimants (collectively “Abbot”) against the Defendant (“Edwards”). Abbot had alleged infringement of two […]


DE – Patent Infringement in Germany – 10 years’ liability for infringer’s profits

Posted: April 25th, 2019

Decision of the German Supreme Court dated 26 March 2019, docket no. X ZR 109/16 – Electronic Power Supply System On 26 March 2019, the German Supreme Court held that an infringer of a German patent is under the legal obligation to surrender to the patentee the profits generated with such infringement for a period […]


IT – ATK Race v. Fritschi

Posted: March 28th, 2019

ATK Race S.r.l. (“ATK Race”), the owner of the European patent no. EP 2.345.463 (“EP ‘463”), concerning a heel piece for an alpine ski attachment, brought an infringement action before the Court of Genoa against Fritschi AG Swiss Binfings (“Fritschi”), Nuovi Orizzonti s.a.s. of Rizzo Riccardo & C. (“Nuovi Orizzonti”) and Socrep S.r.l. (“Socrep”), which […]


IT – Saima v. Plexa, Holacheck and Securconsult

Posted: March 12th, 2019

Saima Sicurezza S.p.A. (“Saima”), a company active in the security sector, brought a patent infringement and unfair competition action before the Court of Milan against Plexa srl, Holacheck srl and Securconsult. The plaintiff is the owner of the Italian patent no. IT 1.396.496 (“IT ’496”), concerning a system for managing passenger access control in public […]


DE – Preliminary decision regarding the amount of security for enforcement

Posted: March 11th, 2019

Preliminary decision regarding the amount of security for enforcement – Higher Regional Court of Karlsruhe, partial judgment dated October 10, 2018, docket no. 6 U 82/18, reported by Sebastian Horlemann and Stefan Lieck, Bardehle Pagenberg In a preliminary decision, the Higher Regional Court of Karlsruhe deals with the question which facts are to be taken […]


UK – Coloplast v. MacGregor Healthcare

Posted: November 7th, 2018

Coloplast A/S v. MacGregor Healthcare Limited, UK Intellectual Property Enterprise Court, 24 October 2018, [2018] EWHC 2797 (IPEC) This is a first instance decision from the UK Intellectual Property Enterprise Court “IPEC” on the validity and infringement of European Patent (UK) 1 145 729. The patent claimed a ready-to-use urinary catheter assembly which is stored […]


FR – Novartis v. Teva – Valsartan / Amlodipine – € 13,000,000 advance on damages

Posted: June 11th, 2018

Preliminary injunction issued by a French court against Teva’s generic of Novartis’ Exforge anti-hypertensive drug (valsartan/amlodipine) plus €13,000,000 awarded as an advance on damages On 7 June 2018, the tribunal de grande instance of Paris (Judge Marie Courboulay) issued a preliminary injunction against Teva’s generic of Novartis’ anti-hypertensive drug Exforge (valsartan/amlodipine) on the basis of […]