UK – Neurim and Flynn v. Mylan

Posted: July 1st, 2020

Neurim and Flynn v Mylan [2020] EWCA Civ 793 Introduction In an expedited appeal from the UK Patents Court, the Court of Appeal has dismissed Neurim/Flynn’s appeal and refused to award an interim injunction preventing generic pharmaceutical launch pending trial. The hearing took place on Thursday 18 June 2020, two weeks after the appealed decision, […]



Posted: December 4th, 2019

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court Case number BS-287/2015-SHR, 4 October […]


FR – Mermet v. Chavanoz Industrie – The largest ever patent infringement damages award in Europe (€25,000,000) overturned on appeal; patent held invalid for lack of novelty because of a public prior use; no “morning-after pill” available to erase it

Posted: October 14th, 2019

Mermet v. Chavanoz Industrie, cour d’appel de Lyon, 12 September 2019, Docket № 16/06896 By Pierre Véron, Honorary President, EPLAW On 12 September 2019, the cour d’appel de Lyon (court of appeal) overturned a judgment handed down on 8 September 2016 by the tribunal de grande instance de Lyon (court of first instance) which found […]


CJEU – Bayer / Art. 9 (7) Enforcement Directive / “appropriate compensation”

Posted: September 18th, 2019

CJEU preliminary ruling judgment in C-688/17 (Bayer) provides interpretation on Art. 9 (7) of the Directive 48/2004/EC (Enforcement Directive) based on a referral from the Hungarian court On September 12, 2019 the Court of Justice laid down its decision in C-688/17 (Bayer) in a preliminary ruling proceeding coming from the Metropolitan Court, Budapest, about the […]


UK – Napp v. Sandoz

Posted: July 3rd, 2019

UK Court considers whether it can fortify a cross-undertaking for damages after the injunction has been discharged Sandoz Limited (Sandoz) (Second Defendant) applied to the court for fortification (requiring a payment to be made into court) of a cross-undertaking given by Napp Pharmaceutical Holdings Limited (Napp) (Claimant) in respect of an injunction restraining the launch […]


UK – Abott v. Edwards Lifesciences

Posted: June 4th, 2019

(1) Evalve Inc. (2) Abbot Cardiovascular Systems Inc. (3) Abbot Medical UK Limited v Edwards Lifesciences Limited, Patents Court, London, UK, 3rd May 2019, [2019] EWHC 1158 (Pat) This judgment from Henry Carr J disposed of an interim injunction application by the Claimants (collectively “Abbot”) against the Defendant (“Edwards”). Abbot had alleged infringement of two […]


DE – Patent Infringement in Germany – 10 years’ liability for infringer’s profits

Posted: April 25th, 2019

Decision of the German Supreme Court dated 26 March 2019, docket no. X ZR 109/16 – Electronic Power Supply System On 26 March 2019, the German Supreme Court held that an infringer of a German patent is under the legal obligation to surrender to the patentee the profits generated with such infringement for a period […]


IT – ATK Race v. Fritschi

Posted: March 28th, 2019

ATK Race S.r.l. (“ATK Race”), the owner of the European patent no. EP 2.345.463 (“EP ‘463”), concerning a heel piece for an alpine ski attachment, brought an infringement action before the Court of Genoa against Fritschi AG Swiss Binfings (“Fritschi”), Nuovi Orizzonti s.a.s. of Rizzo Riccardo & C. (“Nuovi Orizzonti”) and Socrep S.r.l. (“Socrep”), which […]


IT – Saima v. Plexa, Holacheck and Securconsult

Posted: March 12th, 2019

Saima Sicurezza S.p.A. (“Saima”), a company active in the security sector, brought a patent infringement and unfair competition action before the Court of Milan against Plexa srl, Holacheck srl and Securconsult. The plaintiff is the owner of the Italian patent no. IT 1.396.496 (“IT ’496”), concerning a system for managing passenger access control in public […]