EPLAW PATENT BLOG

ES – ROS Roca v. Envac Centralsug

Posted: October 18th, 2012

ROS Roca S.A. v. Envac Centralsug Aktiebolag, Supreme Court, Barcelona, Spain, 17 October 2012, Case No. 431/2012, with thanks to Luis Fernández-Novoa and Álvaro Velázquez, Hoyng Monegier, for sending in the judgment and a summary in English  "The Spanish Supreme Court decided on a much debated point of Patent Law in Spain which had been […]

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BE – Claim for “guiding surface” is not limited to shape depicted in drawing

Posted: March 6th, 2012

Germeau Carrière v. Core Distribution and Urban Sporting Goods, expedited proceedings on the merits, Liège court of appeal, Belgium, 21 February 2012, case number 2010/RG/1369   The respondents (Core Distribution and Urban Sporting Goods) are the co-proprietors of a European patent for an “extending ladder and associated manufacturing methods” (EP 1 448 865).  One of the […]

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SE – Time Bar for Damage Claims Clarified

Posted: February 27th, 2012

The Swedish Supreme Court Clarifies the Law on Time Bar for Damages Claims, by Erik Ficks, Roschier The caseThe Swedish Supreme Court recently had the opportunity to provide guidance on the issue of time bar for damages claims in patent infringement cases (NJA 2011 s. 270). The case concerns a long-standing patent dispute between Lely […]

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FR – Biogaran v. Negma: Compensation of damages caused by an interim injunction on a patent later found to be invalid

Posted: February 24th, 2012

Biogaran v. Laboratoire Medidom, Laboratoires Negma, Tribunal de grande instance (3rd chamber, 3rd division), Paris, 27 January 2012, Case No. 09/17355, with thanks to Sabine Age and Marta Mendes Moreira, Veron & Associes, for sending in the judgment, summary and translation in English A patentee who has obtained an interim injunction from a court to […]

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DE – Calculation of damages for patent infringement on the basis of a substantially “increased” royalty rate

Posted: June 15th, 2011

Calculation of damages for patent infringement on the basis of a substantially "increased" royalty rate District Court Munich I, Germany, 25. March 2010, Case No. 7 O 17716/09 The District Court Munich I had to decide on a damages complaint based on patent infringement. The starting point of the decision is the so far well-established […]

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UK – Les Laboratoires Servier v. Apotex / damages

Posted: March 29th, 2011

Les Laboratoires Servier, Servier Laboratories Limited v. Apotex Inc, Apotex Pharmachem Inc, Apotex Europe Limited and Apotex UK Limited, High Court of Justice, Chancery Division, Patents Court, London, UK, 29 March 2011, Case No. [2011] EWHC 730 (Pat) The issue decided in this case is whether a patentee who has obtained an interim injunction from a […]

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BE – Iverness Medical / Ulti Med Products – infringement and five year time bar

Posted: June 14th, 2010

Iverness Medical Switzerland v. Ulti Med Products, Commercial court of Ghent, 27 May 2010, Docket number A/08/2023
The Ghent commercial court finds that Ulti Med Products has infringed European patent 291 194 B2 for a specific analytical test device and an analytical method in which this test device is used. Ulti Med did not deny having commercialized the contested product (“D Dimer Test”), but said that …

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UK – Virgin Atlantic v. Premium Aircraft

Posted: February 1st, 2010

Virgin Atlantic v. Premium Aircraft, Court of Appeal (Civil Division), London, UK, 21 December 2009, Case No. [2009] EWCA Civ 1513
In previous proceedings, Contour, the defendant, had been found to have infringed Virgin Atlantic’s patent for a specific design of aircraft seats which could be used as beds for long haul flights. In this reported decision, questions relating to, inter alia, a stay of the inquiry as to damages and the terms of the final injunction were before the Court of Appeal.
The Court of Appeal refused Contour’s request

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NL – Intervet v. Merial

Posted: December 9th, 2009

Intervet v. Merial, accelerated invalidity proceedings, The Hague District Court, The Netherlands, 9 December 2009, Docket No. 341571 / HA ZA 09-2183, with thanks to Willem Hoyng, Howrey The District Court of The Hague invalidates the Dutch part of three European Patents of Merial concerning the Post-Weaning Multisystemic Wasting Syndrome (PMWS) (a disease common in […]

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