EPLAW PATENT BLOG

UPC – EDWARDS LIFESCIENCES V MERIL – WHAT ARE “SAME PARTIES”?

Posted: November 27th, 2023

Edwards Lifesciences Corporation v Meril Italy srl (UPC, Central Division) – order dismissing preliminary objection questioning the compe-tence of the Central Division, based on comprehensive interpretation of the term “same parties” pursuant to Article 33(4) UPCA, by Dr. Michael Kobler, Bardehle Pagenberg, Munich Edwards Lifesciences Corporation (hereinafter: “Edwards”) filed an infringement action based on EP […]

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UPC – Penalty for breach of PI ordered

Posted: November 27th, 2023

myStromer AG v. Revolt Zycling AG, Local Division UPC, Dusseldorf, ex parte proceedings, 18 October 2023, Case No. UPC_CFI_177/2023 The Dusseldorf Local Division has ordered the payment of penalties for non-compliance with a PI Headnote by Aida Tohala, Bristows LLP, London. Background The present decision relates to an order for the payment of penalties following […]

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UPC – Harvard College v. Nanostring Technologies / security for costs

Posted: November 27th, 2023

Harvard College v NanoString Technologies (UPC, Munich Central Division) Case no. UPC_CFI_252/2023 – UPC awards security for costs against UK-based litigant. Headnote by Kate O’Sullivan, Bristows LLP, London On 30 October 2023, the Munich Central Division granted an order for security for costs in the case of President and Fellows of Harvard College v. NanoString […]

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EPLAW – ‘Women in EPLAW’ initiative

Posted: November 23rd, 2023

Message from EPLAW Advisory Board Member and Former President of EPLAW Penny Gilbert: “EPLAW recognises the importance of increasing the diversity within the IP profession and also within our own organisation of the most experienced European patent litigators. “We are pleased to report that we currently have an almost even number of men and women […]

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NL – IHC HOLLAND v. ITREC

Posted: November 16th, 2023

IHC Holland B.V. v. Itrec B.V., District Court The Hague, The Netherlands, 8 November 2023, Case no. ECLI:NL:RBDHA:2023:16624 Invalidity, Infringement and Damages cases joined on the docket regarding three patents relating to a ‘Marine pipeline installation system and method(s)’ Two patents invalidated. Scope of protection. One patent found not valid due to lack of novelty/inventiveness. […]

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UPC – Search engine for UPC case law

Posted: November 9th, 2023

Message from former EPLAW President and honorary member Pierre Véron: “The website of the Unified Patent Court makes available the decisions rendered by the Court, after anonymisation in accordance with the GDPR, here www.unified-patent-court.org/en/decisions-and-orders. This page allows scrolling through individual descriptive sheets with links for downloading the decisions. However, the search engine’s capabilities are limited […]

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NL – Menzis v. AstraZeneca / Supreme Court / Seroquel * now including English translation *

Posted: November 6th, 2023

Menzis Zorgverzekeraar N.V. and Anderzorg N.V v. AstraZeneca B.V. and Astrazeneca AB, Supreme Court, The Hague, The Netherlands, 3 November 2023, Case No. 22/01071, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for sending in the judgment No risk liability for patent holder AstraZeneca versus health insurer Menzis for enforcing a later retroactively invalidated patent. […]

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UPC – 10x Genomics/Harvard v NanoString

Posted: November 2nd, 2023

10x Genomics/Harvard v NanoString (UPC, Munich Local Division), first inter partes preliminary injunction based on the first asserted unitary patent. Request rejected based on the parent bundle patent Prof. Dr. jur. Tilman Müller-Stoy, Dr. rer. nat. Kerstin Galler, Bardehle Pagenberg, Munich Facts The applicants (10x Genomics and Harvard University) requested against the respondents (NanoString) on […]

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UPC – Harvard v. Nanostring Technologies

Posted: October 30th, 2023

President and Fellows of Harvard College v. NanoString Technologies Europe Limited, UPC Court of First Instance – Munich (DE) Central Division, 4 October 2023, Case no. UPC_CFI_252/2023 Objections based on articles 29 and 30 Brussels Ibis Regulation may be the subject of a Preliminary objection under Rule 48 in connection with 19.1(a) RoP. Preliminary objection […]

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UPC – Arkyne Technologies v. Plant-e Knowledge / Change of Language of the proceedings

Posted: October 25th, 2023

Arkyne Technologies S.L. v. Plant-e Knowledge B.V. and Plant-e B.V, Order of the President of the Court of First Instance, Local Division The Hague, Pursuant to R. 323 RoP (language of the proceedings), Case no. UPC_CFI_239/2023 Plant-e Knowledge B.V. and Plant-e B.V. have brought an infringement action against Arkyne Technologies. By application dated 21 September […]

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