EPLAW PATENT BLOG

AT – Eli Lilly PI / Appeal

Posted: April 27th, 2018

Austrian Court of Appeals confirms PI based on equivalent infringement of Eli Lilly’s Alimta®-Patent In a decision of April 12th 2018, the Vienna Court of Appeals rejected an appeal against a preliminary injunction previously granted by the Vienna Commercial Court. The Court of Appeals confirmed that the offer or sale of a generic Pemetrexed product […]

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UK – Regeneron v. Kymab

Posted: April 26th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]

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UK – Edwards v. Boston

Posted: April 16th, 2018

Edwards v Boston, UK Patents Court, Floyd LJ, 30-31 January 2018, HHJ Hacon 21 March 2018 The Court of Appeal has upheld the High Court’s decision that one of two patents owned by Boston Scientific Scimed Inc. relating to replacement heart valves was invalid, and the other valid and infringed by Edwards Lifesciences companies. In […]

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UK – CANTEL V. ARC

Posted: March 9th, 2018

Cantel Medical (UK) Ltd and Cantel (UK) Limited v Arc Medical Design Limited [2018] EWHC 345 (Pat), UK Patents Court, Hacon J In order to clear the path to market for its AmplifEYE endoscopic device, Cantel sought revocation and declarations of non-infringement of Arc’s UK national and European patents relating to Arc’s Endocuff and Endocuff […]

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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 […]

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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 […]

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DK – ELI LILLY V. FRESENIUS KABI (PEMETREXED)

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 […]

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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 […]

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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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