EPLAW PATENT BLOG

CH – Irreparable harm discussion sparks a new debate in Switzerland

Posted: October 11th, 2019

Irreparable harm discussion sparks a new debate in Switzerland, by Simon Holzer and Kilian Schärli, Meyerlustenberger Lachenal Ltd. (MLL) In Switzerland, by tradition, the requirements for showing not easily reparable harm in order to obtain a preliminary injunction in patent matters have never been very high. This may be because in Switzerland ex-parte injunctions are […]

READ MORE

NO – Standard of proof when ascertaining the contents of oral disclosure

Posted: August 24th, 2019

Norcape Biotechnology AS (Norcape) v. the Norwegian Board of Appeal for Intellectual Property Rights (Board of Appeal), Courts of Appeal Oslo, Norway, 22 July 2019, Case No.: LB-2018-72158-2 In May 2004, Norcape filed a patent registration for two products and one process concerning animal feed made of waste products from fish. The claimed invention combined […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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, […]

READ MORE

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 […]

READ MORE