Posted: March 17th, 2022
Jones v. Irmac Roads Ltd [2022] EWHC 495 (IPEC) In these proceedings Jones sought a declaration (under s.37 of the Patents Act 1977; the “Patents Act”) that he, not Irmac Roads Ltd, was the proprietor of UK Patent No. 2 506 097 (“the Patent”) granted on 13 September 2017. The Patent claims an invention entitled […]
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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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Posted: March 8th, 2022
Wiko SAS v. Koninklijke Philips N.V., Dutch Supreme Court, 25 February 2022, Case nos. ECLI:NL:HR:2022:296 and ECLI:NL:HR:2022:294 Standard Essential Patent (SEP) in Mobile Telecommunications. Infringement. Abuse of a dominant position? Is the license offer fair, reasonable and non-discriminatory (FRAND)? The Supreme Court confirms this judgment and this judgment of the Court of Appeal and dismisses the appeal without […]
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Posted: March 4th, 2022
Koninklijke Philips N.V. v. Wiko SAS Dutch Supreme Court, the Netherlands, 25 February 2022, Case No. ECLI:NL:HR:2022:163 Philips holds various UMTS patents, amongst which EP ‘659. In first instance, Philips was unsuccessful in its injunction proceedings against Wiko, as the Court denied the infringement claim and revoked the Patent based on Wiko’ counterclaim as several […]
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Posted: February 23rd, 2022
Basic Holdings ULC v. Afire NL-BE et al. District Court The Hague, The Netherlands, 16 February 2022, Case no. ECLI:NL:RBDHA:2022:1081 Basic holds EP 2 029 941 B1 entitled “Artificial Fireplace” and alleges that Afire infringes its patent by marketing certain artificial fireplaces. The Court rules that: “The claimed feature ‘apertured bed’ is, as Afire et […]
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Posted: February 22nd, 2022
The Commission opened a public consultation an a new framework for standard-essential patents As the Commission states in the summary: “A patent that protects technology essential to a standard is called a standard-essential patent (SEP). Patent-holders commit to licence their SEPs to users of the standard on fair, reasonable and non-discriminatory terms and conditions. However, […]
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Posted: February 16th, 2022
Corbin Clinical Resources LLC v. Pelvitec B.V., Leapmed France SAS et al., preliminary relief Judge District Court The Hague, 3 February 2022, Case No. ECLI:NL:RBDHA:2022:702 Preliminary injunction proceedings, PI rejected. The patent on a medical device was deemed not (in)directly infringed because in the provisional opinion of the PI Judge the patent is not valid. […]
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Posted: February 10th, 2022
Save the date! The next Young EPLAW Congress will be held live in Brussels on 25 April 2022 There will be an informal evening reception on 24 April The Young EPLAW Event is for lawyer associates of current EPLAW members, who are on track to become members of EPLAW in the future. We ask EPLAW […]
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Posted: February 10th, 2022
Yesterday’s EPLAW webinar discussed the preparations for the UPC. Various speakers provided an overview of the events of the provisional application period, opting out, filing strategies and license agreements. Speakers were: Jako Eleveld (Philips, NL) John Meidahl (Lundbeck, DK) Amandine Métier (Hoyng ROKH Monegier, FR) Kevin Mooney (Simmons & Simmons, UK) Sture Rygaard (Plesner, DK) […]
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Posted: February 8th, 2022
The EPO has published amended Guidelines for Examination, which will enter into force on 1 March 2022 The updated Guidelines can be found here.
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