EPLAW PATENT BLOG

NL – Millennium v. Teva

Posted: July 31st, 2017

Millennium Pharmaceuticals Inc. v. Teva Nederland B.V., Pharmachemie B.V., Teva Pharma B.V., Teva Pharmaceuticals Europe B.V. and Teva API B.V., Summary Judge of the District Court of The Hague, 25 July 2017, Case no. ECLI:NL:RBDHA:2017:8259 The present dispute concerns an alleged infringement of the rights of Millennium Pharmaceuticals Inc. (“Millennium”) as vested in the Dutch […]

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DE – Abdichtsystem

Posted: July 26th, 2017

“Abdichtsystem”, BGH, 16 May 2017, Case X ZR 120/15, reported by Nadine Heiartz and Dominik Woll, Bardehle Pagenberg German Federal Court of Justice on claims for recall and removal in Germany in case of acts performed abroad  In the present judgment, the German Federal Court of Justice (»BGH«) found that sales completely performed abroad may […]

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IT – INTERMARINE v. CMC MARINE

Posted: July 5th, 2017

Intermarine S.p.A. (formerly Rodriquez Cantieri Navali S.p.A.) v. CMC Marine S.r.l.. Court of Appeal of Turin, Italy, 22 June 2017, Judgement no. 106/2016 With its writ of summons in the first instance proceedings, Intermarine demanded the Court of Turin a declaration of invalidity of a utility model owned by CMC. Said utility model related to […]

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NL – Hygro International v. Futurecare Worldwide

Posted: June 22nd, 2017

Hygro International PTY Limited v. Futurecare Worldwide B.V. et al., District Court The Hague, The Netherlands, 21 June 2017, Case No. ECLI:NL:RBDHA:2017:6743 Futurecare did not respond to Hygro’s rebuttal of Futurecare’s invalidity arguments. Hygro therefore sufficiently established that it is entitled to the patent. Futurecare further did not dispute that the products marketed by them […]

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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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