EPLAW PATENT BLOG

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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CH – Irreparable harm discussion sparks a new debate in Switzerland

Posted: October 11th, 2019

Irreparable harm discussion sparks a new debate in Switzerland, by Simon Holzer and Kilian Schärli, Meyerlustenberger Lachenal Ltd. (MLL) In Switzerland, by tradition, the requirements for showing not easily reparable harm in order to obtain a preliminary injunction in patent matters have never been very high. This may be because in Switzerland ex-parte injunctions are […]

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NL – Bayer Animal Health v. CEVA Santé Animale

Posted: September 23rd, 2019

Bayer Intellectual Property GmbH and Bayer Animal Health GmbH v. Ceva Santé Animale SA. and Ceva Santé Animale B.V., District Court The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:RBDHA:2019:9764 Reasonable chance that Bayer’s patent will be invalidated by the Technical Board of Appeal or in proceedings on the merits, despite the earlier decision […]

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SE – Preliminary injunctions in patent cases – update from Sweden

Posted: July 21st, 2019

Preliminary injunctions in patent cases – what is required for it to be found likely that a granted patent will not hold up in an assessment as to whether it is invalid? By Hanna Tilus, Roschier and Hampus Rystedt, Zacco  A preliminary injunction may be awarded in a patent case where the claimant is able […]

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