EPLAW PATENT BLOG

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 […]

READ MORE

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, […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

UK – Abott v. Edwards Lifesciences

Posted: June 4th, 2019

(1) Evalve Inc. (2) Abbot Cardiovascular Systems Inc. (3) Abbot Medical UK Limited v Edwards Lifesciences Limited, Patents Court, London, UK, 3rd May 2019, [2019] EWHC 1158 (Pat) This judgment from Henry Carr J disposed of an interim injunction application by the Claimants (collectively “Abbot”) against the Defendant (“Edwards”). Abbot had alleged infringement of two […]

READ MORE

NL – Mobile Sanitary Solutions v. TWT Verhuur

Posted: May 31st, 2019

Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V., court of Appeal The Hague, The Netherlands, 28 May 2019, Case no. ECLI:NL:GHDHA:2019:1182 MSS holds EP 2 780 515 entitled ‘Mobile sanitary unit for accommodating at least three sanitary facilities’. The Court of Appeal like the Judge in first instance rules that here is a serious, non […]

READ MORE

NL – Secrid v. [x] and CGIW

Posted: May 3rd, 2019

[plaintif] and Secrid B.V. v. [Defendant 1] and CGIW, Judge in Interlocutory proceedings, District Court The Hague, The Netherlands, 16 April 2019, Case no. ECLI:NL:RBDHA:2019:3684 Alleged infringement of various intellectual property rights, amongst which patent rights relating to a ‘Holder for Credit Cards’. CGIW did not appear in the proceedings. Defendant 1 did not deny […]

READ MORE

DE – Merck Sharp & Dohme v. ratiopharm et al. / SPC / Appeal

Posted: March 28th, 2019

Higher Regional Court Düsseldorf, 15 March 2019, docket no. I-2 U 62/18 – Ezetimibe/Simvastatin On March 15, 2019 the Higher Regional Court Düsseldorf finally dismissed MSD’s request for a preliminary injunction based on their SPC for ezetimibe and simvastatin and thereby confirmed the result of the first instance decision of the Regional Court Düsseldorf of […]

READ MORE