EPLAW PATENT BLOG

NL – Dutch Trading Office v. CNC Grondstoffen

Posted: February 20th, 2024

Dutch Trading Office B.V. v. CNC Grondstoffen B.V., District Court The Hague, The Netherlands, 23 October 2023, Case no. ECLI:NL:RBDHA:2023:15621 Method of transporting mushroom compost. No infringement: “Placing blocks on pallets in this manner does not meet the characteristics that stacked compost blocks are supported by spacer(s), providing rows and columns of stacked blocks, leaving […]

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USA – USPTO Notice ‘Inventorship Guidance for AI-Assisted Inventions’

Posted: February 14th, 2024

On 13 February 2024 the United States Patent and Trademark Office, Department of Commerce published a notice regarding ‘Inventorship Guidance for AI-Assisted Inventions’ SUMMARY: “Pursuant to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023), the United States Patent and Trademark Office (USPTO or Office) is […]

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​​EPO – Guidelines 2024 / consultation

Posted: February 13th, 2024

The EPO recently published the updated Guidelines 2024, which enter into force on 1 March. Users are invited to comment on them by 2 April and are encouraged to take a small survey on the annual revision process included in the consultation. The Guidelines and more information on the consultation can be found here.  

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UPC – Dexcom v. Abbott Laboratories et al.

Posted: February 9th, 2024

Dexcom, Inc. v. Abbott Laboratories, Abbott Diabetes Care inc, Abbott France, Abbott NV/SA, Abbott B.V, Abbott S.r.l, Abbott Scandinavia Aktiebolag, Abbott GmbH, Abbott Diagnostics GmbH, Abbott Logistics B.V, Court of First Instance – Paris (FR) Local Division, 30 January 2024, Case no. UPC_CFI_230/2023 Review by the panel pursuant to R. 333 RoP. Request to harmonise […]

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NL – Janssen Biotech v. Samsung Bioepis / Manufacturing Waiver

Posted: February 2nd, 2024

Janssen Biotech Inc. v. Samsung Bioepis NL B.V., PI Proceedings, District Court The Hague, The Netherlands, 23 January 2024, Case no. ECLI:NL:RBDHA:2024:701 PI proceedings, SPC. Explanation of Manufacturing Waiver Regulation (EU) No. 2019/933. Manufacturing of biosimilar for export to third countries. Samsung Bioepis successfully invokes the manufacturing waiver. Reference number of marketing authorisation in export […]

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ES – TEKNICS v. CIBERNETICA

Posted: January 29th, 2024

Commercial Court no. 4 of Barcelona, TEKNICS v. CIBERNETICA, Judgment of 19 March 2023, ECLI:ES:JMB:2023:1261 The plaintiff, S. R. Teknics Project 2016, S. L. (hereinafter, TEKNICS) filed a complaint against CIBERNETICA PARA LA PANIFICACION, S.L. (hereinafter, CIBERNETICA) for the infringement of Spanish patent ES 2279737 protecting a “dough-kneading machine”. The entire contribution can be read […]

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NL – SEaB Power v. The Waste Transformers Nederland et al.

Posted: January 23rd, 2024

SEaB Power Ltd. v. The Waste Transformers Nederland B.V. et al., Court of Appeal The Hague, The Netherlands, 12 December 2023, Case no. ECLI:NL:GHDHA:2023:2688 Joined cases related to the use of technology for portable Renewable Energy Microgeneration facilities (hereinafter: REM facilities) that allow biogas to be extracted from organic waste at the location where that […]

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CJEU – Mylan v. Gilead Sciences

Posted: January 23rd, 2024

Mylan AB v. Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, Gilead Sciences Inc, 11 January 2024, Case no. C‑473/22 Article 9(7) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as not precluding national legislation which provides for […]

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EPLAW – Save the Date: Annual General Assembly & Congress 2024

Posted: January 18th, 2024

The next Annual EPLAW General Assembly & Congress will take place on 29 November 2024

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UPC – 100th decision published

Posted: January 18th, 2024

Past EPLAW President and Honorary Member Pierre Véron announced the publication of the 100th decision of the UPC Mr. Véron writes: “The Unified Patent Court has published yesterday its 100th decision (handed down on 10 January 2024 by the Court of Appeal, it relates to the intervention of third parties in a case about access […]

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