EPLAW PATENT BLOG

NL – HE Licenties v. VG Colours

Posted: July 18th, 2019

HE Licenties B.V. vs. VG Colours B.V., District Court of The Hague, The Netherlands,  19 June 2019, ECLI:NL:RBDHA:2019:6407 Introduction HE Licenties B.V. (”HE Licenties”) is a wholesaler of flowers and plants and, more in particular, colored orchids (and licensor of related technology). VG Colours B.V. (”VG Colours”) is involved in, among other things, the artificial […]

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UK – Pfizer v. Roche

Posted: July 9th, 2019

Pfizer Ltd v F. Hoffmann-La Roche AG & Anor [2019] EWHC 1520 (Pat) In a High Court judgment handed down at the end of June, Birss J refused Pfizer’s request for so-called “Arrow” declaratory relief in relation to five of Roche’s drug combination patents covering bevacizumab (marketed by Roche as Avastin). Pfizer intend to launch […]

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UK – Napp v. Sandoz

Posted: July 3rd, 2019

UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of an injunction restraining the launch […]

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UK – UK HIGH COURT SETS TRIAL DATE FOR RAND TRIAL BEFORE JUDGMENT ON TECHNICAL TRIALS HANDED DOWN

Posted: June 26th, 2019

TQ Delta, LLC v Zyxel Communications UK Ltd & others [2019] EWHC 353 (Pat) This is a judgment in a preliminary dispute concerned the setting of a trial date for the determination of RAND licence terms in a case where the technical trial of the two telecommunications patents had already been heard by the court, […]

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IT – clarification of relationship between infringement and invalidity proceedings / Supreme Court

Posted: May 21st, 2019

In a recent decision, the Italian Court of Cassation (Cass. Civ. judgement no. 9500 of 4 April 2019) clarified the relationship between patent infringement and patent invalidity proceedings simultaneously pending before different courts under Article 295 of the Italian Code of Civil Procedure (“CCP”). According to Article 295 CCP the judge orders the stay of […]

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ES – Corning v. Electroson / Appeal

Posted: May 21st, 2019

Corning v. Electroson , Court of Appeals of Barcelona, 4 February 2019, Docket No. 223/2018 / Questions regarding consolidation and suspension of proceedings in the case of related actions As clarified by the Court of Appeals of Barcelona in a decision dated 4 February 2019, when two proceedings brought separately by the same plaintiff against […]

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ES – GILEAD v. MYLAN & TEVA / APPEAL

Posted: May 21st, 2019

Gilead Biopharmaceutics Ireland UC, Gilead Sciences, S.L.U., Gilead Sciences Ireland UC & Gilead Sciences, INC. v. Mylan S.A.S., Mylan Pharmaceuticals S.L. & Teva Pharma, S.L.U., Appeals Court of Barcelona, Section 15, 12 December 2018, Docket 121/2018 The Court of Appeals of Barcelona ruled in a preliminary injunction case on the requirements for an SPC, in […]

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NL – PFIZER V. / F. HOFFMANN-LA ROCHE AND ROCHE NEDERLAND

Posted: May 14th, 2019

Pfizer PFE B.V. v. F. Hoffmann-La Roche AG, Roche Nederland B.V., District Court The Hague, 8 May 2019, Case no. ECLI:NL:RBDHA:2019:4515 Pfizer initiated three separate proceedings on the merits against Roche in The Netherlands requesting negative judicial declarations (so called “Arrow”-declarations). Roche responded by filing a motion to the District Court in The Hague to […]

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ES – Graf v. Kaban & Daser / Patent infringement at trade fairs

Posted: May 10th, 2019

ES – Graf v. Kaban & Daser, Barcelona Commercial Court, 9 November 2018, Docket No. 1275/2018 – Patent infringement at trade fairs In a decision dated 9 November 2018, Barcelona Commercial Court No. 5 clarified the prima facie case and periculum in mora requirements needed for the granting of precautionary measures in the context of […]

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