NL – HE Licenties v. Orchid Gardens

Posted: August 4th, 2022

HE Licenties B.V. v. Orchid Gardens et al, District Court The Hague, The Netherlands, 27 July 2022, Case no. ECLI:NL:RBDHA:2022:7627 HE Licences is involved in the management of patent rights in the ornamental plants industry. Orchid Gardens cultivates plants, including colored orchids. HE Licences invoked its patent rights against customers of Orchid Gardens. HE Licences […]


EPO – Amending the description prior to grant of a European patent – recent developments

Posted: July 27th, 2022

Amending the description prior to grant of a European patent – recent developments; reported by Dr. Klaus Reindl and Dr. Georg Anetsberger, BARDEHLE PAGENBERG For many years already, it has been common practice at the EPO to adapt the description prior to grant of a European patent to ensure that the subject-matter of the allowable […]


UK – BMS/Pfizer v. Sandoz/Teva

Posted: July 23rd, 2022

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. heard together with Teva Pharmaceutical Industries Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company and Pfizer Inc. v Teva UK Limited (Part 20 Defendant), High Court, London, UK, 15 July 2022, [2022] EWHC 1831 (Pat) Bristol-Myers Squibb and Pfizer’s formulation patents protecting formulations […]


UK – Optis v. Apple: a look at what counts

Posted: July 19th, 2022

On 13 June 2022, Lord Justice Birss provided the leading Court of Appeal judgment (to which Arnold LJ and Phillips LJ agreed) in Optis v Apple. The Court of Appeal judgment concerned Apple’s appeal in relation to whether a piece of prior art, referred to as InterDigital, anticipated claims 1, 6, and 9 of Optis’ […]


UK – Neurim abd Flynn v. Mylan

Posted: July 14th, 2022

Neurim and Flynn v Mylan [2022] EWCA Civ 699 Introduction The Court of Appeal dismissed Mylan’s appeal against the finding of the Patents Court that European Patent (UK) No. 3 103 443 (“EP443”), a second medical use patent for a prolonged release formulation of melatonin owned by Neurim (and under which Flynn holds an exclusive […]


NL – Novartis v. Mylan

Posted: July 12th, 2022

In an interim relief decision of 21 June 2022, the preliminary injunction (PI) Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0,5 mg provisionally invalid. This is the first substantive PI decision on the validity of EP 894 matter in Europe, where several proceedings between […]


UK – Saint Gobain v. 3M Innovative Properties

Posted: July 11th, 2022

Saint-Gobain Adfors SAS v 3M Innovative Properties Co [2022] EWHC 1666 (Pat), 28 Jun 2022 A recent decision by Michael Tappin QC, sitting as a deputy judge of the High Court, has confirmed that post-judgment amendment in the UK remains very difficult to achieve and could even be viewed by the court as an abuse […]


FR – French Supreme Court embraces crossborder injunctions

Posted: July 7th, 2022

French Supreme Court embraces crossborder injunctions, by Willem Hoyng, HOYNG ROKH MONEGIER  In a decision of 29 June 2022 in a case between the French company Hutchinson which owns an EP patent (EP 340) in among others France, the UK and Germany and a UK company, a South African company and two French companies the […]


UK – Alcon Research v. Pharmathen and Aspire Pharma

Posted: July 7th, 2022

Alcon Research LLC and another v Pharmathen SA and Aspire Pharma Limited, Court of Appeal, London, UK, 28 June 2022, [2022] EWCA Civ 845 The English Court of Appeal (Lord Justice Arnold giving the leading judgment with whom Lady Justice King and Lord Justice Nugee agreed) has rejected an appeal by Aspire Pharma Limited (“Aspire”) […]


UK – Teva & Sandoz v. Astellas

Posted: July 6th, 2022

Overview In two actions that were heard together, Teva and Sandoz (‘the Claimants’) sought revocation of Astellas’ patent EP (UK) 1 559 427 B1 (‘the Patent’). The patent relates to a compound mirabegron (sold under the name Betmiga) which is used to treat overactive bladder (OAB). Mirabegron is a β3 adrenoreceptor (“β3-AR”) agonist. Astellas counterclaimed […]