EPLAW PATENT BLOG

NL – Tata Steel IJmuiden v. ArcelorMittal / OPINION ADVOCATE GENERAL

Posted: May 28th, 2019

Tata Steel IJmuiden v. ArcelorMittal, Dutch Supreme Court, Opinion Advocate General, 19 April 2019, Case No. ECLI:NL:PHR:2019:510 This case concerns the scope of EP 0044 held by ArcelorMittal and relating to ‘Clad hot-rolled and cold-rolled steel sheet, presenting a very high resistance after thermal treatment’.  EP 044 states in the claims that the lower threshold for […]

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DK – FRESENIUS KABI V. ELI LILLY (PEMETREXED)

Posted: February 21st, 2019

Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”) v. Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”), the Danish Eastern High Court, 20 December 2018, Case number B-2735-17 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use of the […]

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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 […]

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NL – RESOLUTION CHEMICALS V. ASTRAZENECA – SUPREME COURT

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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