NL – SCA Tissue v. Vailli

Posted: January 3rd, 2018

SCA Tissue France SAS v. Vailli, District Court The Hague, 27 December 2017, Case No. ECLI:NL:RBDHA:2017:15395 SCA holds EP 1 799 083 B1 related to a “Toilet paper dispenser housing a roll, toilet paper roll and dispenser’. SCA states that the Vailli K5 dispensers filled with paper that SCA employees discovered at a fair directly […]


UK – Illumina v. Premaitha

Posted: December 23rd, 2017

Illumina v Premaitha, UK Patents Court, Carr J, 21 November 2017 Illumina has succeeded in a claim that a non-invasive prenatal diagnosis test offered by Premaitha infringed five related patents and that a gender testing component of an Ariosa Diagnostics product infringed a further patent. This lengthy, yet insightful judgement is effectively three judgments in […]



Posted: December 22nd, 2017

Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”) v. Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”), the Danish Maritime and Commercial High Court, Case number A-19-17, 8 December 2017 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use […]


NO – Orifarm v. Mundipharma

Posted: November 24th, 2017

Orifarm Generics AS et al. v. Mundipharma AS, Oslo District Court, Norway, Joint cases 16-135025TVI-OTIR/01 and 16-141308TVI-OTIR/01, 8. September 2017 On 8 September 2017, Oslo District Court rendered its decision in a case uniting two separate cases between Orifarm and Mundipharma (patentee) regarding claims of infringement and invalidity of Mundipharma’s patents NO 334290, 332248 and […]


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 […]


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. […]


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 […]


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 […]


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 […]