EPLAW PATENT BLOG

ES – CAPSA v. BLUESPACE & EMBAMAT

Posted: July 5th, 2023

Commercial Courts of Barcelona (Patents Section) CAPSA v BLUESPACE & EMBAMAT, Judgment of 16 January 2023, Main Proceedings 1346/2018 and 534/2019, Case no. ECLI:ES:JMB:2023:145 In this interesting decision, the Patents Section of the Barcelona Commercial Courts addressed two key procedural issues that are often encountered in patent infringement proceedings: the legal standing of parent holding […]

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NL – Hanwa v. LONGHi NL / Evidence

Posted: April 5th, 2023

Hanwa Solutions Corporation v. LONGHi (Netherlands) Trading B.V., summary proceedings, District Court Rotterdam, 28 March 2023, Case no. ECLI:NL:RBROT:2023:2715 Access to seized evidentiary materials denied. In earlier summary judgments (here and appeal here) Hanwa succesfully obtained a cross border injunction against LONGi forbidding LONGi to infringe Hanwa’s patents, or to act unlawfully by being involved […]

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NL – Synthon v. Teva / Appeal

Posted: August 30th, 2022

Synthon B.V. and Synthon S.R.O. v. Teva Pharmaceuticals Europe B.V., Teva Pharmaceutical Industries Ltd, Court of Appeal Amsterdam, The Netherlands, 23 August 2022, Case no. ECLI:NL:GHAMS:2022:2417 Competence of the Dutch Court regarding alleged unlawful enforcement of patents outside the Netherlands. Court of Appeal defers further decisions  pending the decision of the European Commission following an […]

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NL – HE Licenties v. Orchid Gardens

Posted: August 4th, 2022

HE Licenties B.V. v. Orchid Gardens et al, District Court The Hague, The Netherlands, 27 July 2022, Case no. ECLI:NL:RBDHA:2022:7627 HE Licences is involved in the management of patent rights in the ornamental plants industry. Orchid Gardens cultivates plants, including colored orchids. HE Licences invoked its patent rights against customers of Orchid Gardens. HE Licences […]

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UK – Saint Gobain v. 3M Innovative Properties

Posted: July 11th, 2022

Saint-Gobain Adfors SAS v 3M Innovative Properties Co [2022] EWHC 1666 (Pat), 28 Jun 2022 A recent decision by Michael Tappin QC, sitting as a deputy judge of the High Court, has confirmed that post-judgment amendment in the UK remains very difficult to achieve and could even be viewed by the court as an abuse […]

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NL – Boston Scientific v. Cook

Posted: June 20th, 2022

Boston Scientific Limited and Boston Scientific Medical Device Limited v. Coot Europe Finance B.V., Cook Nederland B.V., Cook Medical Nederland B.V., Cook Ireland Limited, Cook Medical Europe Limited, Cook Medical EMEA Group Limited and Cook France Sarl, District Court Amsterdam 3 May 2022, Case no. C/13/713/564 / KG ZA 22-118 Recently a judgment has been […]

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NO – Norwegian Parliament establishes patent attorney client-attorney privilege

Posted: December 2nd, 2021

Norwegian Parliament adopts amendment act establishing patent attorney client-attorney privilege, by Gunnar Meyer and Nora Bratheim, Wikborg Rein The Norwegian Parliament has passed amendments to the Dispute Act and the Criminal Procedure Act extending the general client-privilege rules to patent attorneys. As an outline, patent attorneys now enjoy the same client-attorney privilege as lawyers. However, […]

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ES – ERASMUS and INVIVO v. VITRO et al.

Posted: November 29th, 2021

Erasmus MC and Invivo v. Vitro et al., Court of Appeals of Barcelona, 8 April 2021, Appeal Docket No. 1969/2020 On 8 April 2021, the Court of Appeals of Barcelona rendered judgment on appeal in a complex case relating to nucleic acid amplification primers for PCR-based clonality studies, involving a number of issues regarding the […]

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NL – Ericsson v. Apple

Posted: October 19th, 2021

Telefonaktiebolaget LM Ericsson v. Apple Retail Netherlands B.V. et al, District Court The Hague, Preliminary Relief proceedings, 18 October 2021, Case No. ECLI:NL:RBDHA:2021:11312 In the dispute between Ericsson and Apple, Ericsson is demanding the imposition of a freezing measure pending the hearing of the summary proceedings. The preliminary relief Judge refuses: “In that context, Ericsson […]

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