EPLAW PATENT BLOG

ES – Fulvestrant / Court of Appeals of Barcelona

Posted: June 16th, 2020

ES – Fulvestrant / Court of Appeals of Barcelona, 19 November 2019, Docket Nos. 240/2019 & 505/2019 In two separate orders, both issued on 19 November 2019, the Barcelona Court of Appeals confirmed the dismissal of a preliminary injunction decided by Orders of 18 July 2018, upon request of ASTRANEZECA against TEVA PHARMA S.L.U. (TEVA) […]

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NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]

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DE – “Leiterklemme” – requirements for the reasons for a preliminary injunction in patent litigation

Posted: March 27th, 2020

Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – “Leiterklemme” In patent litigation, the reasons for an injunction necessary for the issuance of a preliminary injunction generally require that […]

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DE – Preliminary Injunctions involving Patents and German Utility Models

Posted: March 17th, 2020

Court of Appeals Munich, decision of 12 December 2019, docket 6 U 4009/19 Background Like every other interim measure granted by German civil courts, motions for preliminary injunctions involving patents and German utility models must meet the “urgency” requirement established by Secs. 935, 940 German Code of Civil Procedure (ZPO) in order to be allowable. […]

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DK – FRESENIUS KABI V. BIOGEN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (ADALIMUMAB)

Posted: March 2nd, 2020

Fresenius Kabi Deutschland GmbH (“Fresenius”) v. Biogen (Denmark) Manufacturing ApS and Biogen (Denmark) A/S (collectively “Biogen”), and intervening party Samsung Bioepis UK Limited (“Samsung Bioepis”), the Danish Maritime and Commercial High Court Case number BS-39398/2018-SHR, 20 June 2019 Right to continue use begun before the priority date, invalidity due to inadmissible extension of the subject-matter, […]

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FR – IPCom v. Lenovo

Posted: January 31st, 2020

IPCom GmbH & Co. KG v. Lenovo (France) SAS et al., Tribunal judiciaire de Paris (preliminary proceedings), 20 January 2020 The Tribunal judiciaire de Paris (Paris Court of First Instance) has dismissed IPCom’s preliminary injunction action brought against Lenovo, on the ground that the requested injunction would be disproportionate. The action was based on European […]

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DK – VONIN AND VOLU VENTIS V. MLD / THE DANISH WESTERN HIGH COURT

Posted: October 22nd, 2019

P/F Vonin and Volu Ventis ApS (“Vonin”) v. MLD ApS (“MLD”), the Danish Western High Court (appeal court), case no. B-0067-18, 12 June 2019 The case concerned alleged infringement of Vonin’s Danish utility model DK 2016 00075 U4 and European patent DK/EP 3 183 959, which relate to a trawl door with a flow booster […]

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DE – Teva Pharmaceutical Industries v. Mylan dura

Posted: October 16th, 2019

Regional Court Düsseldorf (docket no. 4c O 22/19) and Higher Regional Court Düsseldorf (docket no. I-2 U 28/19) The Higher Regional Court Düsseldorf recently confirmed on appeal that Teva Pharmaceutical Industries Ltd. (“Teva”) is entitled to a preliminary injunction (“PI”) against Mylan dura GmbH (“Mylan”) in Germany. This PI relates to Mylan’s product CLIFT 40 […]

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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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