EPLAW PATENT BLOG

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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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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