EPLAW PATENT BLOG

DK – SANGENIC V. LAMICO / DIAPER PAIL REFILLS

Posted: December 4th, 2019

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court Case number BS-287/2015-SHR, 4 October […]

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UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: December 3rd, 2019

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]

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NL – Coloplast v. Hollister / No Cassation

Posted: November 27th, 2019

Coloplast A/S v. Medical4You, Supreme Court of the Netherlands, 22 November 2019, Case No. ECLI:NL:HR:2019:1833 Coloplast holds European patent EP 1 145 729 with regard to a ready-to-use urinary catheter assembly. On appeal, the patent -while using the problem/solution and could/would approach- was revoked due to lack of inventive step. Coloplast now appeals to the […]

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NL – VG Colours v. HE Licenties and Hanson Uitgevers

Posted: November 22nd, 2019

VG Colours B.V. vs. HE Licenties B.V. and Hanson Uitgevers B.V., Provisions Judge of the District Court of The Hague, The Netherlands, 11 October 2019, ECLI:NL:RBDHA:2019:11479 Hanson Uitgevers B.V. is the owner of Dutch national patent NL 1040904 (”NL 904”) entitled ”Substance introduction method for plant and plant obtained therewith”, HE Licenties B.V. holds an […]

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UK – Anan Kasei & Rhodia Operations v. Neo Chemicals and Oxides

Posted: October 29th, 2019

Anan Kasei Co. Ltd & Rhodia Operations S.A.S. v Neo Chemicals and Oxides Limited & Neo Performance Materials Inc, Court of Appeal, London, 9 October 2019, [2019] EWCA Civ 1646 In this judgment, the Court of Appeal has dismissed an appeal by Neo Chemicals and Oxides (Europe) Limited (previously Molycorp Chemicals and Oxides (Europe) Limited) […]

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ES – LICONSA v. BOEHRINGER

Posted: October 23rd, 2019

LICONSA v. BOEHRINGER, Court of Appeals of Barcelona, 29 March 2019, Docket No. 1076/2017 / Request for limitation of a patent before the Spanish Patent & Trademark Office (SPTO) during judicial proceedings In a decision dated 29 March 2019, the Court of Appeals of Barcelona made clear that, since the entry into force of the […]

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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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NO – Standard of proof when ascertaining the contents of oral disclosure

Posted: August 24th, 2019

Norcape Biotechnology AS (Norcape) v. the Norwegian Board of Appeal for Intellectual Property Rights (Board of Appeal), Courts of Appeal Oslo, Norway, 22 July 2019, Case No.: LB-2018-72158-2 In May 2004, Norcape filed a patent registration for two products and one process concerning animal feed made of waste products from fish. The claimed invention combined […]

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UK – APPLICATION TO STAY UK PATENT INFRINGEMENT PROCEEDINGS PENDING EPO OPPOSITION REFUSED

Posted: August 7th, 2019

Coloplast A/S v Salts Healthcare Limited, UK Patents Court , 3 July 2019 Coloplast is the proprietor of a patent entitled “comfort layer for a collecting bag” relating to collecting bags (ostomy products for human waste). Coloplast claims their patent is infringed by Salts’ “Confidence BE” range of ostomy bags in the UK – initially […]

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