EPLAW PATENT BLOG

ES – Brudy Technology v. LABORATORIOS THÈA & STEVE PHARMACEUTICALS

Posted: October 3rd, 2022

BRUDY TECHNOLOGY, S.L. v. LABORATORIOS THÈA, S.A. & ESTEVE PHARMACEUTICALS, S.A., Commercial Court no. 4 of Barcelona, 7 March 2022 This first-instance decision issued by Barcelona Commercial Court no. 4 deals with a case of direct infringement of second medical use “Swiss-type” claims. Furthermore, it addresses the applicability of Prosecution History Estoppel in determining the […]

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NL – Floration v. Royal FloraHolland (RFH)

Posted: August 16th, 2022

Floration Europe B.V. v. Coöperatie Royal Floraholland U.A., District Court The Hague, 10 August 2022, Case no. ECLI:NL:RBDHA:2022:8015 Floration holds EP 036, relating to a “Method for long-term storage or transport of roses or chrysanthemums, packaging assembly, container comprising packaging assemblies, and use of packaging assembly”. RFH has started experimenting with the transport of roses […]

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ES – SHARK HELMETS v. TECH DESIGN TEAM

Posted: April 13th, 2022

Shark Helmets S.A.S. v. Tech Design Team S.L., Commercial Court no. 5 of Barcelona, 28 October 2021, Docket No. 729/2020 In this decision issued on 28 October 2021, Barcelona first instance Patent Courts examined the question of interpreting the extent of protection of the claims in view of the patent description and drawings. The plaintiff, […]

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NL – Ossenberg v. Roof & Tool Products

Posted: March 16th, 2022

Friedrich Ossenberg – Schule GmbH & Co. KG v. Roof & Tool Products B.V. and ESC Dronten B.V., District Court The Hague, The Netherlands, 2 March 2022, Case no. ECLI:NL:RBDHA:2022:1737 Ossenberg holds NL 1024003 related to a roof tile hook. Interpretation of claims. Patent is new and inventive. Roof tile hook defendant infringes patent. A […]

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NL – Kiremko v. Tomra

Posted: November 24th, 2021

Kiremko B.V. v. Tomra Sorting Limited, District Court The Hague, 10 November 2021, Case no. ECLI:NL:RBDHA:2021:12267 Tomra holds EP 1 289 385 relating to a ‘Steam Peeling Processing System’. Kiremko markets the steam peeling machine Strata Invicta in the Netherlands. Various proceedings have already been conducted between the parties regarding (alleged infringement with) the Strata […]

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UK – Mitsubishi Electric Corporation v. Oneplus Technology

Posted: July 22nd, 2021

Mitsubishi Electric Corporation and others v. Oneplus Technology (Shenzhen) Co Ltd and others, 26 April 2021, Case No. [2021] EWHC 1048 (Pat) In this judgment of the Patents Court, Mellor J dismissed the infringement claim of the Claimants in the first technical trial in these proceedings, holding that the declared standard essential patent in issue was […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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NL – Fresenius Kabi v. Eli Lilly and Company (pemetrexed) – Opinion Advocate General

Posted: April 21st, 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, opinion Advocate General in the Supreme Court, The Netherlands, 30 March 2020, Case no. ECLI:NL:PHR:2020:269, provided by Chantal Morel and Mattie de Koning, Simmons & Simmons On 30 March 2020, the Advocate General in the Supreme Court provided his opinion in the preliminary relief proceedings between […]

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NL – Eli Lilly v. Fresenius – Case on the merits

Posted: June 21st, 2019

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., District Court The Hague, 19 June 2019, Case no. ECLI:NL:RBDHA:2019:6107 Contrary to the Court of Appeal in summary proceedings, and contrary to various foreign decisions in parallel proceedings, the District Court of the Hague rules in the case on the merits that the scope of protection […]

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