EPLAW PATENT BLOG

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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UK – Allergan v. Aspire and Accord Healthcare

Posted: May 15th, 2019

Allergan, Inc and another v Aspire Pharma Limited and Accord Healthcare Limited v Allergan, Inc, High Court, London, UK, 3 May 2019, Neutral Citation Number: [2019] EWHC 1085 (Pat) In this judgment, Arnold J applied for the first time the UK Supreme Court’s decision in Actavis v ICOS [2019] UKSC 15 on inventive step. Background […]

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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 – Nutrition v. Noba

Posted: April 17th, 2019

Nutrition Sciences N.V. v. Noba B.V., District Court The Hague, The Netherlands, 10 April 2019, Case no. ECLI:NL:RBDHA:2019:3424 Nutrition is active in the field of ingredients for live stock feed and alleges that Noba infringes on the Dutch part of its EP 1 294 371 B2 relating to “medium chain fatty acids applicable as antimicrobial agents”. […]

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UK – Actavis v. ICOS / Supreme Court

Posted: March 29th, 2019

Actavis Group PTC EHF and others (Respondents) v ICOS Corporation and another (Appellants) [2019] UKSC 15 – 27 March 2019 The UK Supreme Court has agreed with the Court of Appeal that a dosing regimen patent was invalid for lack of inventive step. Background The case concerns EP 1,173,181 (“EP’181”) owned by ICOS and exclusively […]

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UK – TQ Delta v. ZyXEL Communications

Posted: March 20th, 2019

TQ Delta, LLC v ZyXEL Communications Limited & Anor [2019] EWHC 562 (ChD), 11 March 2019 This judgment of the High Court concerns validity and infringement of two of TQ Delta’s patents: EP (UK) 1,453,268 entitled “Multicarrier communication with variable overhead rate” (“the 268 Patent”) and EP (UK) 1,792,430 entitled “CRC counter normalisation” (“the 430 […]

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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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