EPLAW PATENT BLOG

IT – Cappellotto v. Farid / Reasonable Royalties / Supreme Court

Posted: September 11th, 2021

Introduction With Decision No. 5666 of 2 March 2021, the Italian Supreme Court clarified how to apply the reasonable royalty and the gross operating margin (incremental) criteria to calculate damages in patent infringement proceedings under Art. 125 of the Italian Intellectual Property Code (“IPC”), which implements Art. 13 of the Enforcement Directive (Directive 2004/48/EC). Summary […]

READ MORE

IT – Guidance Court of Milan on risk of irreparable damage required for interlocutory description order

Posted: September 7th, 2021

The Court of Milan provides guidance on the requirement of the risk of irreparable damage for the purpose of granting an interlocutory description order The description order, a remedy available pursuant to Articles 129 and 130 of the Italian Industrial Property Code, is a sui generis preliminary investigation measure. To be granted, the applicant must […]

READ MORE

IT – Astrazeneca v. Teva

Posted: August 14th, 2021

Astrazeneca v. Teva, Court of Milan, 3 December 2020, docket number 7930/2020 Headnote On 3 December 2020, the Court of Milan rejected the claim of infringement of Astrazeneca patent EP 1272195 (“EP’195”) by the generic Fulvestrant of Teva and declared invalid the Italian portion of such patent for lack of inventive step. The decision also […]

READ MORE

UK – Dr Reddy’s Laboratories and others v. Warner-Lambert

Posted: August 14th, 2021

Dr Reddy’s Laboratories (UK Limited) and others v Warner-Lambert Company LLC and Pfizer Limited This judgment of Zacaroli J is from the first in a series of trials in which various generics companies as well as certain NHS entities (together the “Inquiry Claimants”) are seeking damages under cross undertakings given by Warner-Lambert/Pfizer (the “Inquiry Defendants”). […]

READ MORE

UK – Interdigital Technology v. Lenovo

Posted: August 14th, 2021

Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]

READ MORE

UK – A Ward Attachments v. Fabcon Engineering

Posted: August 11th, 2021

A Ward Attachments Limited v. Fabcon Engineering Limited, 29 July 2021, Case No. [2021] EWHC 2145 (IPEC) In this judgment HHJ Melissa Clarke, sitting as a Judge of the High Court considered validity and infringement arguments relating to two of Ward’s patents (a Parent and Divisional) for “freight container tilting apparatus”. The Parent patent was […]

READ MORE

UK – Promptu Systems Corporation v. Sky UK

Posted: July 30th, 2021

Promptu Systems Corporation V Sky UK Limited and Others, 19 July 2021, Case No. [2021] EWHC 2021 (Pat) In this judgment, the English High Court held that Promptu’s patent, EP(UK) 1 290 889, lacked inventive step and therefore dismissed Promptu’s claim for infringement against the defendants (together, “Sky”). Background Promptu had asserted the patent against […]

READ MORE

EPO – ENLARGED BOARD OF APPEAL ON THE RIGHT TO BE HEARD

Posted: July 27th, 2021

European Patent Office, Enlarged Board of Appeal, R 5/19 – Violation of the right to be heard, decision of March 15, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Filing a petition of review under Article 112a EPC is not a very promising exercise, considering that less than 7% of the petitions are successful with […]

READ MORE

UK – Fiberweb v. Geofabrics

Posted: July 26th, 2021

Fiberweb v. Geofabrics, Court of Appeal, 11 June 2021, Case no. [2021] EWCA Civ 854 Background The UK Court of Appeal dismissed an appeal by Fiberweb against a finding of Mr David Stone (sitting as a Deputy High Court Judge) that Geofabric’s patent relating to trackbed liners for railways was valid and infringed. The patent […]

READ MORE