EPLAW PATENT BLOG

FR – Mermet v. Chavanoz Industrie – The largest ever patent infringement damages award in Europe (€25,000,000) overturned on appeal; patent held invalid for lack of novelty because of a public prior use; no “morning-after pill” available to erase it

Posted: October 14th, 2019

Mermet v. Chavanoz Industrie, cour d’appel de Lyon, 12 September 2019, Docket № 16/06896 By Pierre Véron, Honorary President, EPLAW On 12 September 2019, the cour d’appel de Lyon (court of appeal) overturned a judgment handed down on 8 September 2016 by the tribunal de grande instance de Lyon (court of first instance) which found […]

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NL – Biogen v. Swiss Pharma

Posted: September 27th, 2019

Biogen v. Swiss Pharma, Court of Appeal of The Hague 10 September 2019 Biogen MA Inc (“Biogen”) is a pharmaceutical company marketing numerous medicinal products including Tysabri (or Antegren). The active pharmaceutical ingredient of Tysabri is natalizumab, which in turn is a humanized monoclonal antibody against the cell adhesion molecule α4-integrin. Swiss Pharma International AG […]

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UK – Takeda v. Roche

Posted: July 30th, 2019

Takeda UK Limited v F. Hoffman-La Roche AG, High Court of Justice, Patents Court, London, UK, 17 July 2019, [2019] EWHC 1911 (Pat) This judgment of Birss J concerns a patent relating to “Glycosylated Antibodies” (the “Patent”). The Claimant (“Takeda”) had brought a claim for revocation of the Patent. The Defendant patentee (“Roche”) had counterclaimed […]

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DK – Danish Maritime and Commercial High Court limits patent claims and finds indirect patent infringement

Posted: April 24th, 2019

The Danish Maritime and Commercial High Court has handed down an interesting judgment in a case concerning validity and infringement of two patents. The judgment is interesting for two reasons. Partly because the Maritime and Commercial High Court amended the existing patent claims, which the courts rarely do, partly because the Maritime and Commercial High […]

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NL – INNOVATIONS 4 FLOORING V. UNILIN BEHEER / Appeal

Posted: March 19th, 2019

Unilin Beheer B.V. v. Innovations 4 Flooring Holding N.V., Court of Appeal of The Hague, 5 March 2019, Case No. C/09/483599/ HA ZA 15-243 Introduction Unilin Beheer B.V. (“Unilin”) holds a patent EP 1 026 241 (“EP341”) for a ‘floor covering, consisting of hard floor panels and method for manufacturing such floor panels’. Innovations 4 […]

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UK – Eli Lilly v. Genentech / referral to CJEU

Posted: March 11th, 2019

Eli Lilly And Company & Ors v Genentech, Inc [2019] EWHC 387 and 388 (Pat) (01 March 2019) This was a claim brought by Eli Lilly and Company (“Lilly”) for revocation of Genentech’s patent EP (UK) No. 1,641,822 (the “Patent”) entitled “IL-17A/F heterologous peptides and therapeutic uses thereof”. Genentech does not have a marketed product […]

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NL – Koninklijke Douwe Egberts v. Belmoca

Posted: January 30th, 2019

Koninklijke Douwe Egberts B.V. v. Belmoca BVBA, Interlocutory Judge of the District Court of The Hague, The Netherlands, 28 December 2018, Case No. ECLI:NL:RBDHA:2018:15453 Nespresso compatible coffee capsules. Koninklijke Douwe Egberts (hereafter: KDE) accuses Belmoca of indirect infringement of EP 521 relating to ‘A beverage preparation system, a capsule and a method for forming a […]

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UK – Coloplast v. MacGregor Healthcare

Posted: November 7th, 2018

Coloplast A/S v. MacGregor Healthcare Limited, UK Intellectual Property Enterprise Court, 24 October 2018, [2018] EWHC 2797 (IPEC) This is a first instance decision from the UK Intellectual Property Enterprise Court “IPEC” on the validity and infringement of European Patent (UK) 1 145 729. The patent claimed a ready-to-use urinary catheter assembly which is stored […]

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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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