EPLAW PATENT BLOG

NL – Astrazeneca v. Menzis / Appeal

Posted: December 30th, 2021

AstraZeneca B.V. and AstraZeneca AB v. Menzis Zorgverzekeraar N.V. and Anderzorg N.V., Court of Appeal The Hague, The Netherlands, 28 December 2021, Case No. 200.286.638/0, with thanks to Willem Hoyng, HOYNG ROKH MONEGIER, for providing the judgment and the translation “In 2014, the District Court invalidated a pharmaceutical patent of AstraZeneca AB for lack of […]

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ES – ERASMUS and INVIVO v. VITRO et al.

Posted: November 29th, 2021

Erasmus MC and Invivo v. Vitro et al., Court of Appeals of Barcelona, 8 April 2021, Appeal Docket No. 1969/2020 On 8 April 2021, the Court of Appeals of Barcelona rendered judgment on appeal in a complex case relating to nucleic acid amplification primers for PCR-based clonality studies, involving a number of issues regarding the […]

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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 […]

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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”). […]

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FR – Eli Lilly v. Fresenius Kabi / Comment Pierre Véron

Posted: September 26th, 2020

Eli Lilly and Company and Lilly France v. Fresenius Kabi France and Fresenius Kabi Groupe France, Judiciary Court of Paris, France, 11 September 2020, Docket № 17/10421, by Pierre Véron, Honorary President, EPLAW Joining a majority of European Courts, the Paris court has held that Eli Lilly’s patent, claiming the combined administration of pemetrexed disodium […]

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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, […]

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DK – SANGENIC V. LAMICO / DIAPER PAIL REFILLS

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 […]

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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 […]

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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 […]

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