EPLAW PATENT BLOG

EU – Apple v. Motorola / Press release re anti-competitive use of SEP

Posted: July 30th, 2014

EU – Apple ./. Motorola, European Commission, press release regarding decision on anti-competitive use of standard essential patents by seeking and enforcing injunctions, 29 April 2014, Docket No. IP/14/489, with thanks to Bardehle Pagenberg for providing the head note and summary The European Commission outlined, according to a press release of April 29, 2014, that […]

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UK – Philips v. Nintendo

Posted: July 11th, 2014

Koninklijke Philips Electronics N.V. v Nintendo of Europe GmbH, London, UK, 20 June 2014, Case No. [2014] EWHC 1959 (Pat) This case concerned validity and infringement of three patents owned by Philips. The first patent claimed a means of controlling the movement of a virtual body in a computer-generated virtual environment; the other two patents […]

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SE – Ferring v. Medac

Posted: July 11th, 2014

Ferring International Center S.A. v. Medac Gesellschaft für klinische Spezialpräparate GMbH and Gebro Pharma GmbH, Medac Gesellschaft für klinische Spezialpräparate GMbH v. Ferring International Center S.A, Svea Court of Appeal, Sweden, 28 January 2013, Docket No. T 3508-11 On appeal of a District Court of Stockholm judgment in joint infringement and invalidity proceedings previously reported […]

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UK – Future New Developments v. B&S Patente und Marke

Posted: June 25th, 2014

Future New Developments Ltd. v. B&S Patente und Marke GmbH, High Court of Justice, London, UK, 9 June 2014, Case No IP 14 M 00027 The UK court has held that participation by a German entity in prior proceedings before the UK Intellectual Property Office (that is, the UK patent office) meant that the Germany […]

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JP – Samsung v. Apple / FRAND / abuse of right

Posted: June 25th, 2014

In the recent Samsung v. Apple case the Intellectual property high court on May 16, 2014 determined that the enforcement of a FRAND pledged patent right -with a claim of damages- did not constitute an abuse of right if the amount of damages claimed is within the scope of the license fee, by Miyamura Daisuke, […]

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NL – MBI v. Shimano

Posted: June 17th, 2014

MBI Co. Ltd. v. Shimano Inc et al, District Court The Hague, The Netherlands, 18 June 2014, Case No. HA ZA 13-745 The scope of protection of a patent is determined by a 'context-driven' reading of a patent. In this reading, equivalents are taken into account. A further relying on equivalency is limited to cases […]

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UK – Shanks v Unilever

Posted: June 6th, 2014

Ian Alexander Shanks v. Unilever, High Court of England and Wales, Patents Court (Arnold J), London, UK, 23 May 2014, Case No. [2014] EWHC 1647 (Pat) In its judgment of 23 May 2014 the High Court of England and Wales decided a case regarding an employee’s claim for compensation in respect of patents concerning devices […]

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NL – Ruma v. Shell

Posted: June 5th, 2014

Ruma Rubber B.V. v. Shell Internationale Research Maatschappij B.V., District Court The Hague, The Netherlands, 4 June 2014, Case. No. C/09/407089 / HA ZA 11-2660 Reclaiming of patent rights. In view of the terms of the contract between parties, Ruma can not (re)claim Shell's patent rights. Procedural costs: In view of the Bericap caselaw, proceedings […]

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NL – Topkip v. Storteboom

Posted: June 2nd, 2014

Topkip v. Storteboom, District Court The Hague, The Netherlands, 2 April 2014, Case no.: C/09/443124 HA ZA 13-571 Topkip develops and trades in poultry slaughter lines. Topkip owns European Patent EP 1 280 426 for a ‘Method for cooling slaughtered poultry’ (the “Patent”). Compared to the prior art, the Patent aims to improve cooling of […]

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NL – Novartis v. Sun Pharmaceutical Industries

Posted: June 2nd, 2014

Novartis AG v. Sun Pharmaceutical Industries (Europe) BV, preliminary injunction case before the District Court of The Hague, the Netherlands, 12 May 2014, case number C/09/460540 / KG ZA 14-185 A predecessor of Novartis invented the biphosphate zoledronic acid, used for oncological medications. Novartis created a product with zoledronic acid as the active ingredient, which […]

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