EPLAW PATENT BLOG

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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IT – Cappellotto v. Farid / Reasonable Royalties / Supreme Court

Posted: September 11th, 2021

Introduction With Decision No. 5666 of 2 March 2021, the Italian Supreme Court clarified how to apply the reasonable royalty and the gross operating margin (incremental) criteria to calculate damages in patent infringement proceedings under Art. 125 of the Italian Intellectual Property Code (“IPC”), which implements Art. 13 of the Enforcement Directive (Directive 2004/48/EC). Summary […]

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