EPLAW PATENT BLOG

ES – LÉKUÉ, v. PENINSULA 2000

Posted: November 8th, 2022

LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022 The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for […]

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NL – Tinnus Enterprises v. [x] International / appeal

Posted: October 11th, 2022

Tinnus Enterprises LLC and Zuru Inc. v. [x] International, Court of Appeal The Hague, The Netherlands, 20 September 2022, Case no. ECLI:NL:GHDHA:2022:1802 Tinnus holds EP 3 005 948 B1 (hereinafter: EP 948 or the patent). EP 948, entitled ‘Apparatus, system and method for filling containers with fluids’ is licensed to Zuru which markets a toy […]

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ES – Brudy Technology v. LABORATORIOS THÈA & STEVE PHARMACEUTICALS

Posted: October 3rd, 2022

BRUDY TECHNOLOGY, S.L. v. LABORATORIOS THÈA, S.A. & ESTEVE PHARMACEUTICALS, S.A., Commercial Court no. 4 of Barcelona, 7 March 2022 This first-instance decision issued by Barcelona Commercial Court no. 4 deals with a case of direct infringement of second medical use “Swiss-type” claims. Furthermore, it addresses the applicability of Prosecution History Estoppel in determining the […]

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NL – Floration v. Royal FloraHolland (RFH)

Posted: August 16th, 2022

Floration Europe B.V. v. Coöperatie Royal Floraholland U.A., District Court The Hague, 10 August 2022, Case no. ECLI:NL:RBDHA:2022:8015 Floration holds EP 036, relating to a “Method for long-term storage or transport of roses or chrysanthemums, packaging assembly, container comprising packaging assemblies, and use of packaging assembly”. RFH has started experimenting with the transport of roses […]

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NL – HE Licenties v. Orchid Gardens

Posted: August 4th, 2022

HE Licenties B.V. v. Orchid Gardens et al, District Court The Hague, The Netherlands, 27 July 2022, Case no. ECLI:NL:RBDHA:2022:7627 HE Licences is involved in the management of patent rights in the ornamental plants industry. Orchid Gardens cultivates plants, including colored orchids. HE Licences invoked its patent rights against customers of Orchid Gardens. HE Licences […]

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IT – Garbuio v. Comas / Infringement by equivalents

Posted: June 2nd, 2022

The Italian Supreme Court on patent infringement by equivalents: central relevance must be given to the individual elements claimed by the patent By judgment no. 120 on 4th January 2022, the Italian Supreme Court addressed the topic of patent infringement by equivalents. In particular, the Court provided guidance on two debated issues under Italian law: […]

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UK – Optis v. Apple

Posted: March 30th, 2022

Judgment handed down in the last of the technical trials in Optis v Apple saga: Optis succeeds in arguing that its patents are valid and infringed by Apple Overview The 15 March 2022 judgment of Mr Justice Meade is the latest in the Optis v Apple saga. It is the last in the series of […]

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NL – Ossenberg v. Roof & Tool Products

Posted: March 16th, 2022

Friedrich Ossenberg – Schule GmbH & Co. KG v. Roof & Tool Products B.V. and ESC Dronten B.V., District Court The Hague, The Netherlands, 2 March 2022, Case no. ECLI:NL:RBDHA:2022:1737 Ossenberg holds NL 1024003 related to a roof tile hook. Interpretation of claims. Patent is new and inventive. Roof tile hook defendant infringes patent. A […]

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NL – Basic Holdings v. Afire

Posted: February 23rd, 2022

Basic Holdings ULC v. Afire NL-BE et al. District Court The Hague, The Netherlands, 16 February 2022, Case no. ECLI:NL:RBDHA:2022:1081 Basic holds EP 2 029 941 B1 entitled “Artificial Fireplace” and alleges that Afire infringes its patent by marketing certain artificial fireplaces. The Court rules that: “The claimed feature ‘apertured bed’ is, as Afire et […]

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