EPLAW PATENT BLOG

ES – TWO-WAY MEDIA v. TELEFÓNICA

Posted: February 27th, 2023

Commercial Court No. 4 of Barcelona, 17 October 2022, case no. 517/2017 In an extensive judgment issued in the framework of patent litigation related to Internet TV services, Commercial Court No. 4 of Barcelona has addressed some issues of particular interest due to their unusual nature within the customary legal handling of patent matters in […]

READ MORE

IT – Court of Appeal decision touches on filing new prior art documents / generic decision for damage compensation

Posted: February 3rd, 2023

Introduction The Court of Appeal of Milan, through its decision published on 16 January 2023, addressed: (a) the possibility of filing new prior art documents at first instance – after the court-appointed expert (“CAE”) completes his/her assignment – and on appeal; and (b) the requirements for a court to issue a decision finding damages liability […]

READ MORE

CJEU – Mylan v. Gilead / referral C-473/22 / Enforcement Directive

Posted: November 30th, 2022

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive) From the report of the Dutch Ministry of Foreign Affairs: “On 03-12-2009, the National Patent and Registration Office issued the Supplementary Protection Certificate No. 266 in Finland on the basis of the […]

READ MORE

ES – LÉKUÉ, v. PENINSULA 2000

Posted: November 8th, 2022

LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022 The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for […]

READ MORE

UK – Geofabrics v. Fiberweb Geosynthetics

Posted: October 17th, 2022

Geofabrics lays the tracks for large-scale damages inquiries in the UK Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”). Damages inquiries are rare in the UK so this judgment […]

READ MORE

LU – TATA STEEL v. ARCELORMITTAL

Posted: August 25th, 2022

TATA STEEL IJMUIDEN B.V. et al v. ARCELLORMITTAL SA, Court of Appeal Luxemburg, 27 July 2022, Case no. 113/22 – IX – CIV ARCELORMITTAL has submitted a patent application (EP 2 906 734) on “A method for manufacturing a metal sheet with a ZnAl [Zinalium, a zinc-based metal] coating and with optimized drying, corresponding metal […]

READ MORE

IT – Providus – lost profits / recovery of profits – Supreme Court

Posted: January 5th, 2022

Introduction With Decision No. 21832 of 29 July 2021, the Italian Supreme Court clarified: (a) what the relationship is between compensation for lost profits under Art. 125(1) of the Italian Intellectual Property Code (“IPC”) and recovery of profits under Art. 125(3) IPC; and (b) whether the recovery of profits requires wilful intent or negligence by […]

READ MORE

NL – Astrazeneca v. Menzis / Appeal

Posted: December 30th, 2021

AstraZeneca B.V. and AstraZeneca AB v. Menzis Zorgverzekeraar N.V. and Anderzorg N.V., Court of Appeal The Hague, The Netherlands, 28 December 2021, Case No. 200.286.638/0, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for providing the judgment and the translation “In 2014, the District Court invalidated a pharmaceutical patent of AstraZeneca AB for lack of […]

READ MORE

ES – ERASMUS and INVIVO v. VITRO et al.

Posted: November 29th, 2021

Erasmus MC and Invivo v. Vitro et al., Court of Appeals of Barcelona, 8 April 2021, Appeal Docket No. 1969/2020 On 8 April 2021, the Court of Appeals of Barcelona rendered judgment on appeal in a complex case relating to nucleic acid amplification primers for PCR-based clonality studies, involving a number of issues regarding the […]

READ MORE