IT – Eli Lilly / Alimta® – decision overturned

Posted: November 1st, 2018

Court of Milan overturns first instance decision on appeal (“reclamo”) and orders a preliminary injunction based on equivalent infringement of Eli Lilly’s Alimta® patent In a decision of 15th October 2018 in urgent proceedings, the Court of Milan’s appeal panel (comprised of President and Judge rapporteur, Mr Claudio Marangoni and Judges Anna Bellesi and Alima […]



Posted: June 12th, 2018

Resolution Chemicals Ltd. v. AstraZeneca B.V. and Shionogi Seiyaka Kabushiki Kasiha, Supreme Court of The Netherlands, The Hague, 8 June 2018, Case No. ECLI:NL:HR:2018:854 This case relates to the scope of protection of a patent for a cholesterol inhibitor, more importantly whether or not the description of the patent provides for a limiting definition of […]


NL – Fresenius Kabi, Teva v. Eli Lilli / Alimta® – Appeal

Posted: May 14th, 2018

Fresenius Kabi Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1105 and Teva Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1106 Eli Lilly (”Lilly”) is the holder of the European patent EP 1 313 508 B1 […]


UK – Regeneron v. Kymab

Posted: April 26th, 2018

Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]


UK – L’Oréal v. RN Ventures

Posted: February 16th, 2018

L’Oréal SA and L’Oréal (UK) Ltd v RN Ventures Ltd, UK Patents Court, 5 February 2018, Carr J This case concerned the alleged infringement of L’Oréal’s EP (UK) 1 722 699 B1 and two registered community designs. The defendant sold a range of “Magnitone” electronic facial skin care devices. The case was heard under the […]


UK – Illumina v. Premaitha

Posted: December 23rd, 2017

Illumina v Premaitha, UK Patents Court, Carr J, 21 November 2017 Illumina has succeeded in a claim that a non-invasive prenatal diagnosis test offered by Premaitha infringed five related patents and that a gender testing component of an Ariosa Diagnostics product infringed a further patent. This lengthy, yet insightful judgement is effectively three judgments in […]


UK – Actavis v. ICOS / Appeal

Posted: November 8th, 2017

Actavis Group PTC EHF & Others v (1) ICOS Corporation (2) Eli Lilly & Company The UK Court of Appeal has recently handed down its decision in Actavis v ICOS. Lewison, Kitchen and Floyd LLJ held that ICOS’s patent EP (UK) 1,173,181 (the “Patent”) was invalid for obviousness overturning the first instance decision of Birss […]


IT – Fresenius v. Lilly

Posted: October 3rd, 2017

Fresenius Kabi Oncology PLC and Fresenius Kabi Italia S.r.l. (“Fresenius”) sought before the Court of Milan a urgent declaration of non-infringement with respect to their new antitumor drug based on pemetrexed diacid in combination with tromethamine. Fresenius requested the Court to declare that its drug does not infringe – whether directly or indirectly – EP […]


NL – Ruby Decor v. Basic Holdings / Appeal

Posted: August 30th, 2017

Ruby Decor B.V. and Aparto B.V. v. Basic Holdings ULC, Court of Appeal The Hague, 22 August 2017, Case No. ECLI:NL:GHDHA:2017:2409, with thanks to Alexander Tsoutsanis, DLA Piper, for sending in the judgment as well as an English translation thereof  Artificial fireplaces. Earlier, the Judge in PI proceedings ruled that in his preliminary opinion Ruby Decor did […]