EPLAW PATENT BLOG

UK – Everseal v Document Management Solutions

Posted: April 22nd, 2015

Everseal Stationery Products Ltd v Document Management Solutions Ltd and others, Intellectual Property Enterprise Court, 1 April 2015, [2015] EWHC 842 (IPEC), HHJ Hacon The Intellectual Property Enterprise Court (IPEC) has found a patent for a “mailer” (a business form, letter etc which, after completion, is folded and then sealed around the edges) to be […]

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ES – Arne Forsgren v. SPTO / Protein D SPC

Posted: April 16th, 2015

Mr. Arne Forsgren v. Spanish Patents and Trademarks Office, High Court of Justice (Contentious-Administrative Chamber – 2nd Section) of Madrid, Spain, 9 July 2014, Docket No. 945/2012. The wave of resolutions from the European Court of Justice (ECJ) concerning SPCs and the related interpretation of the provisions from the Regulation (EC) No. 469/2009 (hereinafter, “the […]

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BE – Saint-Gobain v. Knauf Insulation

Posted: April 13th, 2015

Saint-Gobain v. Knauf Insulation, Belgian Supreme Court, 12 March 2015 Patent – Scope of protection – Theory of equivalents – Amendment of the patent application – Interpretation of the granted claim – Impact of amendment on the scope of protection A judgment deciding that the patent is not infringed, taking into account that the patent […]

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UK – Warner-Lambert v Actavis

Posted: April 7th, 2015

Warner-Lambert LLC v (1) Actavis Group PTC EHF, (2) Actavis UK Ltd, (3) Caduceus Pharma Ltd v National Health Service Commissioning Board (Respondent) v (1) Teva UK Ltd, (2) Generics (UK) Ltd, (3) Dr Reddy’s Laboratories (UK) Ltd, (4) Consilient Health Ltd, (5) Sandoz Ltd, (6) Department of Health (Interested parties), Patents Court, 2 March […]

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ES – Lundbeck & Almirall v. Synthon et al. / Escitalopram / Appeal

Posted: March 27th, 2015

H.Lundbeck A/S, Lundbeck España, S.A. & Almirall, S.A. v. Synthon Hispania, S.L., Cantabria Pharma, S.L., Mylan Pharmaceuticals, S.L. et al., Court of Appeals (15th Section) of Barcelona, Spain, 22 October 2014, Docket No. 371/2013 TRIPS Agreement and patentability of pharmaceuticals in Spain: another turn of the screw. — — — In a Decision rendered on […]

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NL – Syngenta v. Dutch Patent Office: Rectification (extension) of SPC term after grant

Posted: March 5th, 2015

Syngenta v. Dutch Patent Office, Council of State, 18 February 2015, case no. 201406096/1/A3, with thanks to Edmon Oude Elferink, Conny Delissen, Willem Hoorneman and Rogier de Vrey, CMS Derks Star Busmann, for sending in a translation of the decision in English as well as a head note The Dutch Council of State -the highest […]

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NL – Gallus Druckmaschinen v. MPS Systems

Posted: March 4th, 2015

Gallus Druckmaschinen GmBh v. MPS Systems B.V., District Court The Hague, the Netherlands, 4 March 2015, Case No. HA ZA 14-530, with thanks to Willem Hoyng and Robin van Kleeff, Hoyng Monegier, for providing the judgment as well as a head note Gallus started accelerated patent proceedings against MPS on the basis of a patent […]

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UK – Hospira v. Genentech

Posted: March 4th, 2015

Hospira (UK) Limited v Genentech, Inc., England and Wales Court of Appeal (Elias, Kitchin and Floyd), London, UK, 6 February 2015, Neutral Citation Number: [2015] EWCA Civ 57 In this judgment the Court of Appeal in England and Wales decided a case regarding Genentech’s patent EP (UK) 1 210 115 relating to a dosing regimen […]

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CJEU – request for preliminary ruling Genentech v. Hoechst

Posted: February 20th, 2015

Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 9 December 2014 — Genentech Inc. v Hoechst GmbH, formerly Hoechst AG, Sanofi-Aventis Deutschland GmbH, (Case C-567/14) Question referred: ‘Must the provisions of Article 81 of the Treaty (now Article 101 TFEU) be interpreted as precluding effect being given, where patents […]

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