Posted: September 22nd, 2017
SA FN Herstal v. Heckler & Koch GmbH, Tribunal de Commerce Francophone de Bruxelles, 28 April 2017 Combination invention vs. mere aggregation of features in patent law On 28 April 2017, the French-speaking Court of commerce of Brussels rendered a judgment in a patent case opposing the Belgian weapon manufacturer FN Herstal to its German […]
READ MOREPosted: August 30th, 2017
Ruby Decor B.V. and Aparto B.V. v. Basic Holdings ULC, Court of Appeal The Hague, 22 August 2017, Case No. ECLI:NL:GHDHA:2017:2409, with thanks to Alexander Tsoutsanis, DLA Piper, for sending in the judgment as well as an English translation thereof Artificial fireplaces. Earlier, the Judge in PI proceedings ruled that in his preliminary opinion Ruby Decor did […]
READ MOREPosted: August 1st, 2017
Smart Technologies ULC v. CTouch Europe B.V., District Court The Hague, 26 July 2017, Case No. ECLI:NL:RBDHA:2017:8247 Smart Technologies is the holder of a patent on smart television screens. CTouch’s Gillette defence fails as there is a theoretic and practical difference between its products and the prior art. Injunction and ancillary claims awarded. Update: CTouch […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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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