EPLAW PATENT BLOG

NL – Bayer Animal Health v. CEVA Santé Animale

Posted: September 23rd, 2019

Bayer Intellectual Property GmbH and Bayer Animal Health GmbH v. Ceva Santé Animale SA. and Ceva Santé Animale B.V., District Court The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:RBDHA:2019:9764 Reasonable chance that Bayer’s patent will be invalidated by the Technical Board of Appeal or in proceedings on the merits, despite the earlier decision […]

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NO – Standard of proof when ascertaining the contents of oral disclosure

Posted: August 24th, 2019

Norcape Biotechnology AS (Norcape) v. the Norwegian Board of Appeal for Intellectual Property Rights (Board of Appeal), Courts of Appeal Oslo, Norway, 22 July 2019, Case No.: LB-2018-72158-2 In May 2004, Norcape filed a patent registration for two products and one process concerning animal feed made of waste products from fish. The claimed invention combined […]

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NL – Novartis v. Teva

Posted: August 8th, 2019

Novartis Pharma A.G., Novartis Pharmaceutical AG and Novartis AG v. TEVA Nederland B.V., District Court The Hague, The Netherlands, Judge in Interlocutory Proceedings, 5 July 2019, Case No. ECLI:NL:RBDHA:2019:7792 Teva holds a Dutch marketing authorization for the generic version of everolimus, named Everolimus Teva. In the SmPC and and the Patient Information Leaflet of Everolimus […]

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UK – IPEC REVOKES TWO PATENTS RELATING TO PLASTIC PACKAGING

Posted: August 5th, 2019

Quinn Packaging Limited v Linpac Packing Limited & R.Faerch Plast A/S [2019] EWHC 2119 (IPEC) Quinn Packaging Limited (Quinn) sought to revoke two patents owned by Linpac Packaging Limited (Linpac) and R.Faerch Plast A/S (Faerch) relating to transparent trays with lids for the storage of fruit, fish or meat. Hacon HHJ held that both patents […]

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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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UK – Conversant v. Huawei & ZTE / FRAND

Posted: July 9th, 2019

Conversant v Huawei & ZTE [2019] EWHC 1687 (Pat) UK Court considers essentiality and validity of patent in FRAND dispute. Background This judgment represents one of the technical trials in the dispute between Conversant (Claimant) and Huawei and ZTE (together the Defendants). The wider case relates to an ongoing dispute regarding what is a FRAND […]

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UK – Illumina v. TDL

Posted: June 27th, 2019

Illumina and Sequenom (the “Claimants”) have been successful in another action relating to their prenatal diagnostics patent portfolio, with Mr Justice Arnold finding that Sequenom’s patent EP 1 524 321 (the “Patent”; Illumina being the exclusive licensee) was valid and infringed by TDL’s product, the Harmony Test which was developed by Ariosa (who accepted joint […]

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UK – UK’S IPEC APPLIES DOCTRINE OF EQUIVALENCE TO FIND INFRINGEMENT

Posted: June 26th, 2019

Marflow Engineering Limited (Claimant) brought an action against Casellie Limited (Defendant) for infringement of UK Patent 2 368 888 relating to a method of installing a fluid-using appliance such as a shower. The method sets out the use of a plate, typically a metal plate, with apertures that receive one or more pipes. This plate […]

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NL – Sandoz v. Astrazeneca / Supreme Court / Opinion AG – Update

Posted: June 18th, 2019

Sandoz B.V. v. Astrazeneca AB, Supreme Court of the Netherlands, Opinion Advocate General Van Peursem, 10 May 2019, Case No. ECLI:NL:PHR:2019:608 Astrazeneca holds patent EP 1250138 relating to a fulvestrant formulation. A product with fulvestrant is marketed by Astrazeneca under the name FASLODEX and is used for the treatment of oestrogen hormone dependent breast cancers. […]

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