EPLAW PATENT BLOG

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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ES – UNITED CAPS FOOD v BORGES BRANDED FOOD / PROTECTIVE LETTERS UNDER SPANISH PATENT LAW

Posted: March 10th, 2017

United Caps Food v. Borges Branded Food, Barcelona Commercial Court No 5, Order 1/2017 (Jan 5th, 2017) Barely three months before the new Spanish Patent Act comes into force (Apr 1st, 2017), the Barcelona Commercial Court No 5 has rendered an order taking forward the filing of a protective letter (“escrito preventivo”), despite this possibility not […]

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UK – Arrow declarations 2 – AbbVie’s second shot also misses the target

Posted: February 6th, 2017

Fujifilm Kyowa Kirin Biologics Co., Ltd (1) Samsung Bioepis UK Ltd), (2) Biogen Idec Ltd v AbbVie Biotechnology Ltd [2016] EWHC 3383 (Ch) Warming to its theme (see earlier post), the English Patents Court gave yet another judgment concerning Arrow declarations in the ongoing litigation between FKB and AbbVie regarding biosimilar adalimumab. This was heard […]

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UK – Teva UK v. Boehringer Ingelheim Pharma

Posted: December 28th, 2016

Teva UK Limited v Boehringer Ingelheim Pharma GmbH & Co KG, UK, Court of Appeal, Kitchin LJ and Floyd LJ, 16 December 2016 These proceedings concerned an application on behalf of Boehringer Ingelheim Pharma GmbH & Co (Boehringer) seeking permission of the Court of Appeal to appeal a decision by Morgan J to revoke Patent […]

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UK – NGPOD Global Limited v. Aspirate N Go

Posted: December 15th, 2016

NGPOD Global Limited v Aspirate N Go Limited, UK, High Court (Chancery Division), Mr Justice Mann, 02 December 2016 NGPOD Global Limited brought proceedings before the UKIPO relating to the ownership of a patent and two patent applications held in the name of Aspirate N Go Limited (Aspirate). Aspirate asked the Hearing Officer at the […]

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NL – Synthon v. Astellas / Supreme Court / Referral CJEU

Posted: November 24th, 2016

In its judgment of 6 October 2015, the Court of Appeal Arnhem-Leeuwarden asked several preliminary questions to the Supreme Court with regard to the applicable criteria for an exhibition claim based on art. 843a DCCP in conjunction with art. 1019a DCCP. With reference to its previous judgment in the AIB/Novisem case, the Supreme Court answered […]

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NL – Vertidrive v. Waterjet

Posted: October 31st, 2016

Vertidrive B.V. v. Waterjet Robotics USA LLC., Preliminary Relief Judge District Court of The Hague, the Netherlands, 20 October 2016, Case number C/09/515824 / KG ZA 16-956 Waterjet is the holder of the European patent with number 1 409 330 entitled “Air gap magnetic mobile robot”. Vertidrive develops and markets remote controlled magnetic robots for […]

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UK – Warner-Lambert v. Actavis

Posted: October 17th, 2016

Warner-Lambert Company LLC v (1) Generics (UK) Limited (trading as Mylan), (2) Actavis Group PTC EHF, (3) Actavis UK Limited and (4) Caduceus Pharma Limited, England and Wales Court of Appeal (Floyd, Pattern and Kitchin LJJ), London UK, 13 October 2016, Neutral Citation Number: [2016] EWCA Civ 1006 The Court of Appeal dismissed Warner-Lambert’s appeal […]

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