EPLAW PATENT BLOG

BE – Herstal v. Secubit

Posted: February 8th, 2021

FN Herstal v. Secubit Ltd. and Secubit Inc., French-speaking commercial Court of Brussels (injunction proceedings) December 18, 2020 A/19/02292 Proceedings for infringement of patent EP’292 of FN Herstal concerning a device for detecting and counting shots fired from an automatic or semi-automatic firearm, capable of discriminating the “type” of ammunition used. Counterclaim for (partial) nullity […]

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UK – Fisher & Paykel v. Flexicare

Posted: February 2nd, 2021

Fisher & Paykel v Flexicare The Patents Court has handed down judgment upholding Fisher & Paykel (“F&P”)’s patent EP (UK) No. 2 025 359 entitled “Components for breathing circuits” (the “Patent”) as valid and infringed. The judgment also provides useful guidance on the stepwise approach to instructing experts in patent actions. Background The Patent covers […]

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ES – COURT OF APPEALS OF BARCELONA – PATENT HOLDER V. SOLUCIONES BIOREGENERATIVAS – Contributory infringement

Posted: January 28th, 2021

In this appeal decision dated 12 November 2020, the Barcelona Court of Appeals reversed a first instance judgment which had declared the existence of contributory patent infringement. Contrary to the first instance court, the Court of Appeals considered that since the concerned means for the implementation of the patented invention were products commonly found in […]

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NL – Sisvel v. Xiaomi

Posted: November 12th, 2020

Sisvel International S.A. v. Xiaomi Corporation et al. District Court The Hague, 4 November 2020, Case no. ECLI:NL:RBDHA:2020:11108 The Sisvel group controls an extensive patent portfolio in the field of wireless communications. Sisvel accuses Xiaomi of infringing on one of the managed (LTE standard essential) patents, namely EP 272, by trading in mobile phones that […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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NL – Ciel et Terre International v. Profloating

Posted: October 15th, 2020

Ciel et Terre International versus Profloating, PI judge of the District Court of The Hague 6 October 2020, ECLI:NL:RBDHA:2020:9924 Facts Ciel et Terre International (hereinafter: “C&T”) is the owner of European patent EP 3 336 447 B1 (hereinafter: “EP ‘447”), which relates to a floating photovoltaic installation comprising photovoltaic panels and two types of modular […]

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DE – Nokia v. Daimler

Posted: October 5th, 2020

Nokia v. Daimler, District Court of Mannheim, dec. of August 18, 2020, case docket 2 O 34/19 On August 18, 2020, the District Court of Mannheim handed down the first judgment in the current litigation campaign of Nokia v. Daimler. Despite Daimler’s FRAND defense, the Court enjoined Daimler from using a certain technology in Daimler […]

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FR – Eli Lilly v. Fresenius Kabi / Comment Pierre Véron

Posted: September 26th, 2020

Eli Lilly and Company and Lilly France v. Fresenius Kabi France and Fresenius Kabi Groupe France, Judiciary Court of Paris, France, 11 September 2020, Docket № 17/10421, by Pierre Véron, Honorary President, EPLAW Joining a majority of European Courts, the Paris court has held that Eli Lilly’s patent, claiming the combined administration of pemetrexed disodium […]

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ES – PATENT HOLDER v. SOLUCIONES BIOREGENERATIVAS

Posted: September 25th, 2020

Patent Holder v. Soluciones Bioregenerativas, S.L, Commercial Court No. 4 of Barcelona, Spain, 9 September 2019, Case number 128/2018 In a decision dated 9 September 2019, the Commercial Court No. 4 of Barcelona made an interesting analysis in a case of contributory patent infringement, providing useful insights into the assessment of the various elements specific […]

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