Posted: February 27th, 2023
Commercial Court No. 4 of Barcelona, 17 October 2022, case no. 517/2017 In an extensive judgment issued in the framework of patent litigation related to Internet TV services, Commercial Court No. 4 of Barcelona has addressed some issues of particular interest due to their unusual nature within the customary legal handling of patent matters in […]
READ MOREPosted: February 14th, 2023
Sunconfex B.V. v. HSD Ecoscreen B.V., District Court The Hague, The Netherlands, 8 February 2023, Case No. ECLI:NL:RBDHA:2023:1334 Sunconfex holds EP 2 426 287 entitled: ‘Fabric holder for roller blinds’. HSD developed and markets a mounting system for roller blinds and is accused of infringing EP ‘287. The Court finds no infringement: “The legs [of […]
READ MOREPosted: February 9th, 2023
AIM Sport Vision AG v Supponor Limited and Supponor Oy [2023] EWHC 164 (Pat) The English High Court has held that AIM’s patent concerning virtual advertising billboards (EP (UK) 3 295 663 B1 (“the Patent”)) is both valid and infringed by Supponor’s competing technology. These advertising billboards are used in sports stadiums and relate to […]
READ MOREPosted: February 3rd, 2023
Introduction The Court of Appeal of Milan, through its decision published on 16 January 2023, addressed: (a) the possibility of filing new prior art documents at first instance – after the court-appointed expert (“CAE”) completes his/her assignment – and on appeal; and (b) the requirements for a court to issue a decision finding damages liability […]
READ MOREPosted: January 26th, 2023
Advanced Bionics Benelux B.V. v. Med-El Elektomedizinische Geräte GmbH, Disctrict Court The Hague, The Netherlands, 18 January 2023, Case no. ECLI:NL:RBDHA:2023:212 Declaration of non infringement. Advanced Bionics and Med-El are companies in the hearing technology industry that develop, manufacture, and distribute implantable hearing systems, including cochlear implant systems. Med-El holds a patent (EP605) which Advanced […]
READ MOREPosted: December 19th, 2022
Introduction With Decision of 29 November 2021, the Court of Milan addressed the issue of the admissibility under Italian law of claims limitation of a granted patent in preliminary injunction (“PI”) proceedings. The relevant provision is Article 79 of the Italian Intellectual Property Code (“IPC”), pursuant to which a patent can be limited in three […]
READ MOREPosted: November 30th, 2022
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (Enforcement Directive) From the report of the Dutch Ministry of Foreign Affairs: “On 03-12-2009, the National Patent and Registration Office issued the Supplementary Protection Certificate No. 266 in Finland on the basis of the […]
READ MOREPosted: November 25th, 2022
Pharmathen Global B.V. v. Novartis A.G., Court of Appeal The Hague, The Netherlands, 15 November 2022, Case no. ECLI:NL:GHDHA:2022:2327 Novartis is the holder of – inter alia – European patent EP 2 377 519 B1 entitled ‘Pharmaceutical Composition Comprising Octreotide Microparticles’ Novartis markets an injectable Long Acting Release (hereinafter also: ‘LAR’) product containing octreotide under […]
READ MOREPosted: November 8th, 2022
LÉKUÉ, S.L. v. PENINSULA 2000, S.A., Barcelona Court of Appeals, Section 15, 30 March 2022 The Barcelona Court of Appeals, by reversing a first-instance Judgment, found that LÉKUÉ’s patent protecting a food container for use in microwave cooking was being infringed by the defendant, PENINSULA 2000. The Court of Appeals criticized the first-instance Court for […]
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