EPLAW PATENT BLOG

UK – Fujifilm Kyowa Kirin Biologics Company v. AbbVie Biotechnology

Posted: September 20th, 2016

Fujifilm Kyowa Kirin Biologics Company Limited v AbbVie Biotechnology Limited and AbbVie Limited (Arnold J), London, UK, 8 September 2016, Neutral Citation Number: [2016] EWHC 2204 (Pat) This judgment of Arnold J relates to an application made by the Defendants (collectively “AbbVie”) in the context of a wider claim in which the Claimant (“FKB”) had […]

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UK – Philips v. Asustek

Posted: September 15th, 2016

Koninklijke Philips NV v Asustek Computer Inc., HTC Corporation and others, UK Patents Court, Arnold J, 9 September 2016, Neutral Citation Number [2016] EWHC 2220 (Pat) This judgment relates to a preliminary issue in a dispute between Philips and ASUS/HTC.  In the main dispute Philips have alleged that the defendants have infringed patents that are […]

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FR – France Brevets and Ms W. v. Nintendo

Posted: September 1st, 2016

France Brevets fails in its attempt to get more than €80,000,000 from Nintendo in Wii Balance Board-related patent dispute as a result of file wrapper estoppel Ms W. and France Brevets v. Nintendo France and Nintendo of Europe, judgment of the tribunal de grande instance de Paris dated 26 May 2016, docket № 14/05090, with […]

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UK – Rhodia v. Molycorp

Posted: July 21st, 2016

Anan Kasei Co., Ltd and Another v Molycorp Chemicals & Oxides (Europe) Ltd, High Court of England and Wales (Arnold J), London, UK, 14 July 2016, Neutral Citation Number: [2016] EWHC 1722 (Pat) The Claimants (“Rhodia”) owned the two patents in suit: the UK and German designations of EP 1 435 338, entitled “Ceric oxide […]

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NL – B. Braun v. Becton Dickinson Infusion Therapy

Posted: June 17th, 2016

B. Braun Melsungen AG v. Becton Dickinson B.V. and Becton Dickinson Infusion Therapy B.V., District Court The Hague (PI proceedings), the Netherlands, Case no. ECLI:NL:RBDHA:2016:6803 The Dutch PI judge ruled that B. Braun had lost its urgent interest needed for obtaining a preliminary injunction after it awaited the outcome of (appeal in) opposition proceedings before […]

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AT – Bifurcation and stay in Austrian preliminary injunctions (PI) proceedings?

Posted: June 7th, 2016

Higher Regional Court of Vienna of 20 May 2016, 34 R 73/15b Bifurcation and stay in Austrian preliminary injunctions (PI) proceedings? Austria is a bifurcation country. In general, a court in infringement proceedings must consider validity of a patent on its own. If the court considers invalidity as likely, it must stay the infringement proceedings […]

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UK – Unwired Planet v. Huawei and Samsung – CAT Referral

Posted: May 3rd, 2016

Unwired Planet International Ltd v. Huawei Technologies Co. Ltd et al., High Court of Justice, Chancery Division, Patents Court, 29 April 2016, Neutral Citation Number: [2016] EWHC 958 (Pat) Samsung filed an application requesting that the competition law aspects of the Unwired Planet v. Huawei and Samsung case should be transferred to the Competition Appeal […]

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UK – Electromagnetic Geoservices v Petroleum Geo-Services & ors

Posted: April 21st, 2016

Electromagnetic Geoservices ASA v Petroleum Geo-Services & others, UK, High Court (Patents Court), Birss J, 19 April 2016 This judgement arose in the context of a patent dispute concerning European Patent (UK) 0256019. The trial took 11 days in the Patents Court. The parties settled the proceedings shortly before judgement. As a result ordinarily no […]

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EPO – The EPO’s power to appoint oral proceedings in the Hague not subject to review by the EBA

Posted: April 11th, 2016

EPO, R 13/14, EBA, decision of 15 January 2016 – Borealis Technology OY, not to be published in OJ EPO The EPC 2000 implemented the BEST (Bringing Search and Examination Together) project. Since then the departments of first instance of the EPO rendering decisions are no longer located only in Munich but also in the […]

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