EPLAW PATENT BLOG

HU – patent revocation proceeding prolongs the limitation period of damage claims according the decision of the Metropolitan Appeal Court

Posted: January 14th, 2016

A recent decision of the Metropolitan Appeal Court highlights differences between the limitation of patentee’s claims for damages arising from patent infringement and return of infringer’s profits. It has been established that the limitation period stays for the duration of the revocation proceeding against the patent for either claim, but the absence of the infringer’s […]

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NO – TCO v. Vosstech

Posted: December 9th, 2015

TCO AS v. Vosstech AS, Bjørgum Mekaniske AS, Stig Ove Bjørgum, Gulating Court of Appeal, 15 May 2015, LG-2013-162132 The case concerned whether Vosstech AS’s VT-C barrier plug infringed TCO’s patent on barrier plugs (used to seal oil wells). The case also concerned violations of the Marketing Control Act with regard to unfair business practice […]

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UK – AstraZeneca v. KRKA

Posted: June 10th, 2015

AstraZeneca AB and Another v KRKA dd Novo Mesto and Another, England and Wales Court of Appeal (Longmore, Kitchin and Floyd LJJ), London, UK, 21 May 2015, Neutral Citation Number: [2015] EWCA Civ 484 In order to obtain a preliminary injunction against Krka, AstraZeneca had given a cross-undertaking in damages. When the injunction was lifted […]

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FR – Genentech v. Hoechst and Sanofi-Aventis Deutschland / Referral CJEU

Posted: October 17th, 2014

A 100 Million Euro question referred to the CJEU: can a licensee be forced to pay royalties when the patent is held invalid?, by Pierre Véron and Amandine Métier, Véron & Associés Genentech v. Hoechst and Sanofi‑Aventis Deutschland, cour d’appel de Paris, 23 September 2014, Docket № 12/21810 On 23 September 2014, the cour d’appel […]

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UK – Abott v. Design & Display

Posted: September 24th, 2014

Abbott and Chasmer v Design & Display and Eureka Display, Intellectual Property Enterprise Court, UK, Case no. [2014] EWHC 2924 (IPEC)  This decision concerned an assessment of an account of profits following an earlier decision that the claimants’ European Patent (UK) No. 1 816 931 was valid and infringed.  Whilst the judgment is very fact […]

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UK – SDL Hair v Next Row

Posted: July 30th, 2014

SDL Hair Ltd v Next Row Ltd, RMG Limited, Unil C9 Limited and Gavin Rae, Intellectual Property Enterprise Court, 3 July 2014, [2014] EWHC 2084 (IPEC), HHJ Hacon One question HHJ Hacon considered was the relevance of the likelihood of an event when assessing causation and quantum. The two approaches considered were:  • awarding damages on a […]

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FR – Biogaran v. Laboratoires Negma / Damages

Posted: April 11th, 2014

Biogaran v. Laboratoires Negma, Laboratoire Medidom, cour d’appel de Paris, 31 January 2014, Docket № 12/05485, with thanks to Marta Mendes Moreira, Sophie Place and Céline Ruste, Véron & Associés, for providing the judgmen as well as a translation thereof and a summary in English Claimant to pay €3,650,000 of damages for an interim injunction on […]

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UK – Virgin Atlantic v Zodiac / Supreme Court

Posted: September 12th, 2013

Virgin Atlantic v Zodiac Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited), UK Supreme Court, 3 July 2013, [2013] UKSC 46 This judgment of the Supreme Court fundamentally changes the approach of the UK courts to the award of damages in patent cases, where the patent is subsequently […]

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UK – Xena Systems v. Cantideck and Conquip Industrial

Posted: January 21st, 2013

Xena Systems Limited v. (1) Cantideck (2) Conquip Industrial, Patents County Court, HH Judge Birss QC, London, UK, 18 January 2013, Case No. [2013] EWPCC 1 This judgment relates to an inquiry into damages for patent infringement, following the defendants’ submission to judgment on liability in the main proceedings. In it, following consideration of a […]

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