EPLAW PATENT BLOG

UK – Sandoz and Teva v. BMS / Plausibility

Posted: May 19th, 2023

Sandoz Limited and Anor v. Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Court of Appeal has dismissed BMS’appeal against the Patents Court’s finding that EP (UK) 1 427 415 (the “Patent”) is invalid. This case is notable as it is the first in the UK to considerthe recent Enlarged Board of […]

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NL – Novartis v. Mylan / Appeal – fingolimod

Posted: November 1st, 2022

Novartis AG v. Mylan B.V. and Mylan Ireland Limited, Court of Appeal The Hague, The Netherlands, 18 October 2022, Case no. ECLI:NL:GHDHA:2022:2079 The Novartis-group produces and markets amongst others a medical substance with fingolimod (also named FTY720) as active ingredient for the treatment of relapsing-remitting multiple sclerose (hereafter: RRMS). Novartis holds related EP 2 959 […]

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EPO – EBA referral G 2/21 – Preliminary opinion of the EBA / Plausibility

Posted: October 18th, 2022

G 2/21 on post-published evidence and plausibility – Preliminary Opinion of the EBA, reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, Bardehle Pagenberg With the decision T 116/18, three questions were referred to the Enlarged Board of Appeal (EBA) of the EPO relating to post-published evidence. The EBA now issued its preliminary opinion as […]

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NL – Bristol-Myers Squibb v. Sandoz / Apaxiban

Posted: May 19th, 2022

Bristol-Myers Squibb Holdings Ireland Unlimited Company v. Sandoz B.V., District Court The Hague (interlocutory decision), 10 May 2022, Case no.  ECLI:NL:RBDHA:2022:4385 BMS markets the medicine Eliquis®, with apixaban as the active ingredient. Apixaban is a substance that inhibits the action of factor Xa. Inhibiting factor Xa helps prevent blood clots from forming. Eliquis® is used […]

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NL – Nutrition v. Noba / Appeal

Posted: November 18th, 2021

Nutrition Sciences N.V. v. Kuminda N B.V., Court of Appeal, The Hague, The Netherlands, 29 June 2021, Case no. ECLI:NL:GHDHA:2021:2055 Nutrition is active in the field of ingredients for live stock feed and alleged that Noba infringes on the Dutch part of its EP 1 294 371 B2 relating to “medium chain fatty acids applicable […]

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IT – Astrazeneca v. Teva

Posted: August 14th, 2021

Astrazeneca v. Teva, Court of Milan, 3 December 2020, docket number 7930/2020 Headnote On 3 December 2020, the Court of Milan rejected the claim of infringement of Astrazeneca patent EP 1272195 (“EP’195”) by the generic Fulvestrant of Teva and declared invalid the Italian portion of such patent for lack of inventive step. The decision also […]

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DK – TEVA V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (COPAXONE®)

Posted: October 15th, 2019

Teva Pharmaceutical Industries Ltd., and Teva Denmark A/S (“Teva”) v. Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-38788/2018-SHR, 15 March 2019 The case concerns infringement of the patents DK/EP 2 949 335, DK/EP 2 630 962 and DK/EP 3 199 172, which are owned by Yeda Research & Development Company, […]

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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 – Eli Lilly v. Genentech / referral to CJEU

Posted: March 11th, 2019

Eli Lilly And Company & Ors v Genentech, Inc [2019] EWHC 387 and 388 (Pat) (01 March 2019) This was a claim brought by Eli Lilly and Company (“Lilly”) for revocation of Genentech’s patent EP (UK) No. 1,641,822 (the “Patent”) entitled “IL-17A/F heterologous peptides and therapeutic uses thereof”. Genentech does not have a marketed product […]

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