EPLAW PATENT BLOG

NL – Swiss Pharma v. Biogen

Posted: July 17th, 2017

Swiss Pharma International v. Biogen MA Inc., District Court The Hague, the Netherlands, 12 July 2017, ECLI:NL:RBDHA:2017:7628 Biogen holds EP 1485127, which relates to the treatment of Multiple Sclerosis (“MS”). Swiss Pharma seeks to invalidate the Dutch part of the patent. Claims 1, 3 and 4 are invalidated due to lack of novelty as these […]

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NL – Carl Zeiss v. VSY

Posted: June 9th, 2017

Carl Zeiss Meditec AG v. VSY Biotechnology B.V. et al., District Court The Hague, The Netherlands, 7 June 2017, Case No. ECLI:NL:RBDHA:2017:6136 European Patent on an intraocular (implantable) lens. Interpretation of claims. The Dutch part of the patent is valid: the hurdles of novelty, inventive step and enablement were all taken successfully. The patent is […]

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NL – Sun v. Novartis / Supreme Court

Posted: May 8th, 2017

Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Supreme Court of the Netherlands, 14 April 2017, Case No. ECLI:NL:HR:2017:692 Preliminary injunction proceedings. Patent for second medical indication. Swiss-type claim. Novartis owns EP 1 296 689 with a Swiss type claim for use of zoledronic acid in the preparation of a medicament for the treatment of […]

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FR – Warner-Lambert & Pfizer v. generics / Pregabalin PI

Posted: January 20th, 2017

Pregabalin PI in France: a decision dealing with skinny label, second medical use claims and contributory infringement A new pregabalin decision has been rendered on December 2, 2016 in France, in a PI litigation initiated by Warner-Lambert (hereafter: the patentee) and licensees Pfizer against 9 groups of generic companies (hereafter: the defendants). All defendants are […]

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NL – RASCO ET AL V. AEBI SCHMIDT

Posted: January 11th, 2017

Rasco D.O.O  and Rondaan Transportservice B.V. v. AEBI Schmidt Nederland B.V., District Court The Hague, The Netherlands, 4 January 2017. Case No. ECLI:NL:RBDHA:2017:4  This matter relates to gritters, more specifically lorries with a detachably mounted device. Aebi Schmidt holds a European patent (the “Patent”). After the District Court had ruled against Aebi Schmidt in preliminary injunction […]

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UK – MSD v. Shionogi

Posted: December 21st, 2016

Merck Sharp and Dohme Limited v Shionogi & Co. Limited, High Court of England and Wales (Arnold J), 25 November 2015, Neutral Citation Number [2016] EWHC 2989 (Pat) The claimant, Merck, sought revocation of Shionogi’s EP(UK) 1 422 218. The defendant, Shionogi, counterclaimed for infringement by Merck’s integrase inhibitor raltegravir, marketed as Isentress. Shionogi made […]

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FR – France Brevets and Ms W. v. Nintendo

Posted: September 1st, 2016

France Brevets fails in its attempt to get more than €80,000,000 from Nintendo in Wii Balance Board-related patent dispute as a result of file wrapper estoppel Ms W. and France Brevets v. Nintendo France and Nintendo of Europe, judgment of the tribunal de grande instance de Paris dated 26 May 2016, docket № 14/05090, with […]

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UK – Actavis v. ICOS

Posted: August 22nd, 2016

Actavis Group PTC EHF, Actavis UK Ltd, Actelion Pharmaceuticals Ltd, Actelion Pharmaceuticals UK Limited, Teva UK Limited, Teva Pharmaceutical Industries Limited & Generics (UK) Limited (Trading as Mylan) v ICOS Corporation & Eli Lilly and Company. England and Wales Patents Court (Birss J), London, UK, 10 August 2016, Neutral Citation Number: [2016] EWHC 1955 (Pat) […]

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NL – Novartis v. Alvogen and Focus Farma

Posted: July 12th, 2016

Novartis AG v. Alvogen IPCO S.a.r.l and Focus Farma, District Court The Hague, the Netherlands, 6 July 2016, Case no. ECLI:NL:RBDHA:2016:7502 On 6 July 2016 the The Hague District Court rejected Novartis’ claim against Alvogen and Focus Farma based on infringement of its patent for patches containing rivastigmine, as it held the patent to be […]

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