EPLAW PATENT BLOG

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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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 […]

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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 […]

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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 […]

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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 […]

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DK – ELI LILLY V. MYLAN / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (TADALAFIL)

Posted: March 14th, 2019

Eli Lilly and Company, ICOS Corporation, and Eli Lilly Danmark A/S (“Eli Lilly”) v. Generics (UK) Limited and Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-33415/2018-SHR, 1 February 2019 The case concerns infringement of Eli Lilly’s patent DK/EP 1 173 181 T6 (“DK/EP ‘181”) which relates to the use of […]

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NL – F. Hoffmann-La Roche and Genentech v. Mundipharma

Posted: February 26th, 2019

F. Hoffmann-La Roche AG and Genentech Inc. v. Mundipharma Pharmaceuticals B.V., Judge in interlocutory proceedings, District Court The Hague, The Netherlands, 20 February 2019, ECLI:NL:RBDHA:2019:1486 Preliminary injunction proceedings re biosimilar. Hoffmann-La Roche and Genentech both are part of the Roche group. Genentech developed Herceptin® for the treatment of breast cancer, with the anti-HER2 antibody trastuzumab […]

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