FR – Guerbet v. Bayer Pharma

Posted: May 15th, 2018

Guerbet v. Bayer Pharma AG, Paris First Instance Tribunal, 23 March 2018, n°184/2015 In this ruling, the Paris First Instance Tribunal dismissed the invalidity claims brought by Bayer Pharma against Guerbet’s FR patent. This decision includes a very detailed reasoning of the validity assessment, which notably follows the EPO problem-solution approach, which lead to the […]


NL – HP v. Benson cs

Posted: May 1st, 2018

Hewlett-Packard Development Company v. Benson Image, Top Printing and Aigostar, District Court the Hague, 25 April 2018, ECLI:NL:RBDHA:2018:4810 HP is the holder of the European patent EP 1 330 360 titled “Inkjet printhead”. The patent was granted on 11 March 2009 relying on the priority date of US 702267 (30 October 2000). Claim 1 of […]


UK – Edwards v. Boston

Posted: April 16th, 2018

Edwards v Boston, UK Patents Court, Floyd LJ, 30-31 January 2018, HHJ Hacon 21 March 2018 The Court of Appeal has upheld the High Court’s decision that one of two patents owned by Boston Scientific Scimed Inc. relating to replacement heart valves was invalid, and the other valid and infringed by Edwards Lifesciences companies. In […]


NL – Sandoz v. AstraZeneca / invalidity

Posted: April 12th, 2018

Sandoz B.V. v. AstraZeneca AB, District Court The Hague, 11 April 2018, Case No. ECLI:NL:RBDHA:2018:4127 Contrary to earlier PI infringement proceedings, which were confirmed on appeal earlier (see here), the Court in invalidity proceedings instigated by Sandoz ruled that AstraZeneca’s  patent relating to a Fulvestrant formulation marketed under the name FASLODEX® which is used for […]


NL – Coloplast v. Medical4You / Appeal

Posted: March 30th, 2018

Coloplast holds EP ‘729 for a ‘ready-to-use urine catheter assembly’. The package according to the patent is a so called ‘wet package’. Contrary to the Technical Board of Appeal, the Court of Appeal rules that a catheter in a ‘wet package’ is not inventive. The Court of Appeal further states that once put on the […]



Posted: March 9th, 2018

Cantel Medical (UK) Ltd and Cantel (UK) Limited v Arc Medical Design Limited [2018] EWHC 345 (Pat), UK Patents Court, Hacon J In order to clear the path to market for its AmplifEYE endoscopic device, Cantel sought revocation and declarations of non-infringement of Arc’s UK national and European patents relating to Arc’s Endocuff and Endocuff […]


NL – Celltrion v. Biogen / English translation

Posted: February 28th, 2018

Celltrion Inc. v. Biogen Inc., District Court The Hague, 21 February 2018, now including an English translation, with thanks to Daan van der Lange, Jan Pot and Boukje van der Maazen, Brinkhof Biogen holds EP 2055313  that relates to a ‘Treatment of hematologic malignancies associated with circulating tumor cells using chimeric anti-CD20 antibody’. Celltrion instigated invalidity […]


NL – LEO Pharma v. Sandoz

Posted: February 21st, 2018

LEO Pharma A/S v. Sandoz, Court of Appeal of The Hague, the Netherlands, 7 November 2017, published 12 February 2018, Case no. ECLI:NL:GHDHA:2017:4029 LEO Pharma is the holder of the European patent EP 2 455 083 B1 titled “Pharmaceutical composition for dermal use comprising calcipotriol and betamethasone for treating psoriasis”. The patent was granted on […]


UK – Hospira v. Cubist / Appeal

Posted: February 5th, 2018

Hospira UK Limited v Cubist Pharmaceuticals LLC, Court of Appeal, London, UK, 18 January 2018, [2018] EWCA Civ 12 This is a judgment from an appeal by Cubist Pharmaceuticals LLC (“Cubist”) in which a two-judge panel (Lewison LJ and Kitchin LJ) upheld Henry Carr J’s first instance decision, that Cubist’s patent EP (UK) 2,264,047 (“the […]