EPLAW PATENT BLOG

UK – Chugai Pharmaceutical Co. Ltd v UCB Pharma S.A.

Posted: June 1st, 2017

Chugai Pharmaceutical Co. Ltd v (1) UCB Pharma S.A. and (2) Celltech R&D Limited, UK, High Court, Carr J, 26 May 2017 These proceedings concerned an application by Chugai Pharmaceuticals (“Chugai”) for a declaration that it was not obliged to continue to pay royalties under a patent licence granted by the First Defendant (“UCB”). The […]

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NL – Sun v. Novartis / Supreme Court

Posted: May 8th, 2017

Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Supreme Court of the Netherlands, 14 April 2017, Case No. ECLI:NL:HR:2017:692 Preliminary injunction proceedings. Patent for second medical indication. Swiss-type claim. Novartis owns EP 1 296 689 with a Swiss type claim for use of zoledronic acid in the preparation of a medicament for the treatment of […]

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UK – Teva UK Limited & Ors v. Merck Sharp & Dohme Corporation

Posted: May 1st, 2017

(1) Teva UK Limited, (2) Accord Healthcare Limited, (3) Generics (UK) Limited trading as Mylan v Merck Sharp & Dohme Corporation Arnold J held that Merck Sharp & Dohme Corporation’s (“MSD”) SPC was invalid as it did not comply with either Article 3(a) or Article 3(c) of the SPC Regulation. The SPC in issue was […]

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BE – Nouvag / Malak – a costly second try at invalidity

Posted: April 14th, 2017

On 3 April 2017, the Mons court of appeal issued a judgment in a patent revocation action between Nouvag and Dr. Jean Malak (Docket nr. 2016/RG/263). The judgment, the latest in a series of decisions in relation to Dr. Malak’s patent nr. EP 0971754 for a liposuction apparatus, includes interesting considerations on res judicata and […]

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UK – Fujifilm Kyowa Kirin Biologics v. AbbVie

Posted: April 3rd, 2017

Fujifilm Kyowa Kirin Biologics Co., Ltd (1) Samsung Bioepis UK Limited, (2) Biogen Idec Limited v AbbVie Biotechnology Limited, High Court of England and Wales, (Henry Carr J), London, UK, 3 March 2017, Neutral Citation Number: [2017] EWHC 395 (Pat) In this judgment, Henry Carr J granted Fujifilm Kyowa Biologics (FKB) and Samsung Bioepis/Biogen Idec […]

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ES – UNITED CAPS FOOD v BORGES BRANDED FOOD / PROTECTIVE LETTERS UNDER SPANISH PATENT LAW

Posted: March 10th, 2017

United Caps Food v. Borges Branded Food, Barcelona Commercial Court No 5, Order 1/2017 (Jan 5th, 2017) Barely three months before the new Spanish Patent Act comes into force (Apr 1st, 2017), the Barcelona Commercial Court No 5 has rendered an order taking forward the filing of a protective letter (“escrito preventivo”), despite this possibility not […]

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UK – Arrow declarations 2 – AbbVie’s second shot also misses the target

Posted: February 6th, 2017

Fujifilm Kyowa Kirin Biologics Co., Ltd (1) Samsung Bioepis UK Ltd), (2) Biogen Idec Ltd v AbbVie Biotechnology Ltd [2016] EWHC 3383 (Ch) Warming to its theme (see earlier post), the English Patents Court gave yet another judgment concerning Arrow declarations in the ongoing litigation between FKB and AbbVie regarding biosimilar adalimumab. This was heard […]

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UK – Teva UK v. Boehringer Ingelheim Pharma

Posted: December 28th, 2016

Teva UK Limited v Boehringer Ingelheim Pharma GmbH & Co KG, UK, Court of Appeal, Kitchin LJ and Floyd LJ, 16 December 2016 These proceedings concerned an application on behalf of Boehringer Ingelheim Pharma GmbH & Co (Boehringer) seeking permission of the Court of Appeal to appeal a decision by Morgan J to revoke Patent […]

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UK – NGPOD Global Limited v. Aspirate N Go

Posted: December 15th, 2016

NGPOD Global Limited v Aspirate N Go Limited, UK, High Court (Chancery Division), Mr Justice Mann, 02 December 2016 NGPOD Global Limited brought proceedings before the UKIPO relating to the ownership of a patent and two patent applications held in the name of Aspirate N Go Limited (Aspirate). Aspirate asked the Hearing Officer at the […]

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