EPLAW PATENT BLOG

NL – MSD v. Teva / Supreme Court – indirect infringement of Swiss type claims

Posted: November 14th, 2017

Merck Sharp & Dohme Corp. v. Teva Pharma B.V. and Pharmachemie B.V., Supreme Court of The Netherlands, The Hague, 3 November 2017, Case no ECLI:NL:HR:2017:2807 The Supreme Court holds that indirect infringement of a Swiss type claim is possible. A Swiss-type claim is in the form of a purpose bound method claim. If such a […]

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NL – Sandoz v. Astrazeneca / Appeal

Posted: November 2nd, 2017

Sandoz B.V. v. Astrazeneca AB, Court of Appeal The Hague, The Netherlands, 31 October 2017, Case No. 200.200.332/01, with thanks to Willem Hoyng and Theo Blomme, HOYNG ROKH MONEGIER, for submitting the case including an English and German translation thereof Astrazeneca markets FASLODEX which is used for the treatment of oestrogen hormone dependent breast cancers. […]

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CH – Eli Lilly v. Actavis / Swiss Federal Supreme Court (Pemetrexed)

Posted: November 1st, 2017

On 20 October 2017, the Swiss Federal Supreme Court handed down its decision in Eli Lilly vs. Actavis re infringement of Eli Lilly’s patent EP 1 313 508 regarding the use of the anti-cancer drug, pemetrexed in combination with a vitamin B12 to alleviate the harmful side-effects of the drug. In its decision, the Court […]

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NL – Eli Lilly and Company v. Fresnius Kabi and Teva (Pemetrexed)

Posted: October 31st, 2017

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., Preliminary Relief Judge District Court of The Hague, the Netherlands, 24 October 2017, Case number C/09/537158 / KG ZA 17/1072 Eli Lilly and Company v. Teva Nederland B.V., Preliminary Relief Judge District Court of The Hague, the Netherlands, 24 October 2017, Case number C/09/538525 / KG […]

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IT – Fresenius v. Lilly

Posted: October 3rd, 2017

Fresenius Kabi Oncology PLC and Fresenius Kabi Italia S.r.l. (“Fresenius”) sought before the Court of Milan a urgent declaration of non-infringement with respect to their new antitumor drug based on pemetrexed diacid in combination with tromethamine. Fresenius requested the Court to declare that its drug does not infringe – whether directly or indirectly – EP […]

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NL – Asetek v. Cooler Master Europe

Posted: September 29th, 2017

Asetek A/S v. Cooler Master Europe B.V., District Court of The Hague, the Netherlands, 20 September 2017, Case number C/09/515892 / HA ZA 16-906 Asetek is the holder of the European patent EP 1 923 771 B1 (“EP ‘771”) entitled “Cooling system for a computer system”. The patent was filed on 8 November 2004 relying […]

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BE – FN Herstal vs Heckler & Koch

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 […]

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NL – COLOPLAST V. HOLLISTER

Posted: September 12th, 2017

Coloplast A/S v. Hollister B.V., Hollister Services B.V. and Hollister Incorporated, District Court The Hague, The Netherlands, 6 September 2017. Case No. ECLI:NL:RBDHA:2017:10120 Coloplast holds a European patent with regard to a ready-to-use urinary catheter assembly (the “Patent”). This Patent has been declared void by the District Court The Hague in legal proceedings between Coloplast […]

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NL – Ruby Decor v. Basic Holdings / Appeal

Posted: 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 […]

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