EPLAW PATENT BLOG

DE – Obligations of SEP holders and SEP users

Posted: April 3rd, 2020

Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16 The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice […]

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DE – “Leiterklemme” – requirements for the reasons for a preliminary injunction in patent litigation

Posted: March 27th, 2020

Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – “Leiterklemme” In patent litigation, the reasons for an injunction necessary for the issuance of a preliminary injunction generally require that […]

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UK – Eli Lilly and Company v. Genentech

Posted: March 18th, 2020

Eli Lilly and Company v Genentech, Inc., High Court, London, UK, 14 February 2020, Neutral Citation Number: [2020] EWHC 261 (Pat) Summary This decision relates to a preliminary issue and summary judgment application brought by Lilly against Genentech regarding a Genentech divisional patent directed to anti-IL-17 A/F antibodies. Roger Wyand QC, sitting as a Deputy […]

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UK – Excel-Eucan Limited v. Source Vagabond Systems

Posted: December 9th, 2019

Excel-Eucan Limited v. Source Vagabond Systems Limited, Patents Court, London, 21 November 2019 [2019] EWHC 3175 (Pat) HHJ Melissa Clarke This judgment from the Patents Court (Her Honour Judge Clarke sitting as deputy) considers the application of the law on infringement by equivalents. The case was heard under the Shorter Trials Scheme which applies to […]

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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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