EPLAW PATENT BLOG

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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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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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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