EPLAW PATENT BLOG

BE – FN Herstal vs Heckler & Koch

Posted: September 22nd, 2017

SA FN Herstal v. Heckler & Koch GmbH, Tribunal de Commerce Francophone de Bruxelles, 28 April 2017 Combination invention vs. mere aggregation of features in patent law On 28 April 2017, the French-speaking Court of commerce of Brussels rendered a judgment in a patent case opposing the Belgian weapon manufacturer FN Herstal to its German […]

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NO – Actelion Pharmaceuticals v. Icos / Tadalafil

Posted: September 21st, 2017

Actelion Pharmaceuticals Ltd v. Icos Corporation, Oslo District Court, 11 July 2017, Case no. 15-177113TVI-OTIR/07 The present dispute concerns the validity of Icos Corporationʼs Norwegian patent NO 321 602 B2 (“NO ʼ602”) which pertains to tadalafil of a specified particle size and, in particular, the issue of whether micronisation of tadalafil, which was a known […]

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NL – Becton Dickinson v. Braun Melsungen

Posted: September 14th, 2017

Becton Dickinson BV v. B. Braun Melsungen AG, District Court of The Hague, 6 September 2017, case no. 521541, ECLI:NL:RBDHA:2017:9997 This judgment of the District Court of The Hague concerns a nullity action lodged by Becton Dickinson B.V. against B. Braun Melsungen AG in relation to the (Dutch part of the) European patent EP 2 […]

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NL – Ruby Decor v. Basic Holdings / Appeal

Posted: August 30th, 2017

Ruby Decor B.V. and Aparto B.V. v. Basic Holdings ULC, Court of Appeal The Hague, 22 August 2017, Case No. ECLI:NL:GHDHA:2017:2409, with thanks to Alexander Tsoutsanis, DLA Piper, for sending in the judgment as well as an English translation thereof  Artificial fireplaces. Earlier, the Judge in PI proceedings ruled that in his preliminary opinion Ruby Decor did […]

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NL – Mobile Sanitary Solutions v. TWT Verhuur

Posted: July 31st, 2017

Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V., Summary Judge of the District Court of The Hague, 28 July 2017, Case No. ECLI:NL:RBDHA:2017:8486 Patent Holder Mobile Sanitary Solutions alleges infringement. TWT states that the patent invoked is invalid. In a preliminary ruling the summary judge agrees with TWT and holds that the patent is likely […]

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NL – Millennium v. Teva

Posted: July 31st, 2017

Millennium Pharmaceuticals Inc. v. Teva Nederland B.V., Pharmachemie B.V., Teva Pharma B.V., Teva Pharmaceuticals Europe B.V. and Teva API B.V., Summary Judge of the District Court of The Hague, 25 July 2017, Case no. ECLI:NL:RBDHA:2017:8259 The present dispute concerns an alleged infringement of the rights of Millennium Pharmaceuticals Inc. (“Millennium”) as vested in the Dutch […]

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NL – Swiss Pharma v. Biogen

Posted: July 17th, 2017

Swiss Pharma International v. Biogen MA Inc., District Court The Hague, the Netherlands, 12 July 2017, ECLI:NL:RBDHA:2017:7628 Biogen holds EP 1485127, which relates to the treatment of Multiple Sclerosis (“MS”). Swiss Pharma seeks to invalidate the Dutch part of the patent. Claims 1, 3 and 4 are invalidated due to lack of novelty as these […]

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NL – Carl Zeiss v. VSY

Posted: June 9th, 2017

Carl Zeiss Meditec AG v. VSY Biotechnology B.V. et al., District Court The Hague, The Netherlands, 7 June 2017, Case No. ECLI:NL:RBDHA:2017:6136 European Patent on an intraocular (implantable) lens. Interpretation of claims. The Dutch part of the patent is valid: the hurdles of novelty, inventive step and enablement were all taken successfully. The patent is […]

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UK – Synthon B.V. v Teva Pharmaceutical Industries Limited

Posted: May 8th, 2017

The Court of Appeal recently handed down its decision in Synthon BV v Teva Pharmaceutical Industries Limited, upholding Birss J’s decision at first instance that Teva’s patent relating to glatiramer acetate (“GA”) (EP (UK) 2 361 924) was valid but that claim 20 and dependent claims were invalid for added matter. GA is a mixture […]

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