EPLAW PATENT BLOG

DE – Federal Court of Justice confirms rejection preliminary compulsory license cholesterol lowering drugs

Posted: June 6th, 2019

In its decision of 4 June 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed a rejection of an application for a preliminary compulsory license for a cholesterol-lowering drug. It is just the second time that the FCJ had to deal with the questions of a compulsory licence. The first case concerning […]

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UK – Chugai Pharmaceutical v. UCB & Celltech

Posted: October 12th, 2018

Chugai Pharmaceutical v UCB & Celltech [2018] EWHC 2264 (Pat) In his judgment of 24 August 2018 Birss J held that Chugai was not required to pay royalties to UCB in relation to their immunosuppressive drug tocilizumab, marketed as Actemra. The case concerned a worldwide licence granted by the First Defendant, UCB, to the Claimant, […]

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NL – Nikon v. ASML / Case No. 1

Posted: July 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 18 July 2018, Case No. ECLI:NL:RBDHA:2018:8777 This is case no. 1 of 11 patent cases between Nikon and ASML. Lithography machines are used in the production of chips. Nikon holds EP 1 652 003 (‘EP 003) relating […]

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UK – Q Delta v Zyxel / “external eyes only” confidentiality regime

Posted: July 16th, 2018

UK Court clarifies applicability of “external eyes only” confidentiality regime The issue whether certain licence agreements should only be disclosed on an “external eyes only” basis, i.e. only to external solicitors, counsel and independent experts, was recently decided in the UK by Carr J in the TQ Delta v Zyxel case. The case involved inter […]

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UK – Illumina v. Premaitha

Posted: April 18th, 2018

(1) Illumina, Inc. & (2) Sequenom, Inc v (1) Premaitha Health plc & (2) Premaitha Limited; (1) TDL Genetics Ltd, (2) The Doctors Laboratory Ltd & (3) Ariosa Diagnostics, Inc. (19 March 2018, Patents Court, UK, Case Nos. HP-2017-000054 and HP-2017-000075) The UK Patents Court refused to strike out two patent infringement actions concerning a […]

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UK – Oxford Nanopore v. Pacific Biosciences of California

Posted: December 18th, 2017

Oxford Nanopore v Pacific Biosciences of California, High Court of Justice, London, UK, 14 December 2017, [2017] EWHC 3190 (Pat) This judgement was concerned with a very specific question: Is a licence an “exclusive licence” within the meaning of section 130(1) of the Patents Act 1977, if a third party has an option to take […]

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UK – Philips v. Asus Computer, HTC and others

Posted: October 24th, 2017

Koninkijke Philips v ASUS Computer Inc, HTC Corp and others, Court of Appeal, London, UK, 11 October 2017, Neutral Citation Number: [2017] EWCA Civ 1526 This appeal was brought by HTC against the judgment of Arnold J of 9 September 2016. Arnold J had held that a covenant not to assert certain patents against third […]

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