Posted: April 20th, 2021
Further to the UK Supreme Court introducing a doctrine of equivalents into UK patent law in the summer of 2017 (see here), the UK courts are gradually coming to terms with the various approaches that have to be applied in deciding whether to apply the doctrine in the absence of “literal” infringement of a claim. […]
READ MOREPosted: April 20th, 2021
Facebook Ireland Limited v Voxer IP LLP The UK Supreme Court introduced a doctrine of equivalents into UK patent law in the summer of 2017 (see here). In this short judgment arising from a Pre-Trial Review (PTR), Lord Justice Birss provided guidance on how, and at what stage of proceedings, a party should plead a […]
READ MOREPosted: March 18th, 2021
Adaptive Spectrum and Signal Alignment Incorporated v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., 16 March 2021, Case No. 200.272.142/01 On 16 March 2021 the Dutch Court of Appeal of The Hague rendered an early decision in the appeal proceedings between ASSIA, KPN (and […]
READ MOREPosted: March 15th, 2021
Tomra Sorting Limited v. Kiremko B.V., Court of Appeal of The Hague (PI appeal case), 16 February 2021, Case no. ECLI:NL:GHDHA:2021:339 On 16 February 2021 the Dutch Court of Appeal of The Hague rendered a decision in the PI appeal proceedings between Tomra and Kiremko. The Appeal Court confirms the decision of PI judge Bus […]
READ MOREPosted: February 16th, 2021
Ilumina Cambridge Limited v Latvia MGI Tech SIA and others, High Court of England and Wales, 20 January 2021, [2021] EWHC 57 (Pat) This was a substantial patent dispute which spanned 12 days in court and involved infringement and validity of 5 patents. The patentee, Illumina, held patents relating to DNA sequencing technology and MGI […]
READ MOREPosted: February 8th, 2021
FN Herstal v. Secubit Ltd. and Secubit Inc., French-speaking commercial Court of Brussels (injunction proceedings) December 18, 2020 A/19/02292 Proceedings for infringement of patent EP’292 of FN Herstal concerning a device for detecting and counting shots fired from an automatic or semi-automatic firearm, capable of discriminating the “type” of ammunition used. Counterclaim for (partial) nullity […]
READ MOREPosted: February 2nd, 2021
Fisher & Paykel v Flexicare The Patents Court has handed down judgment upholding Fisher & Paykel (“F&P”)’s patent EP (UK) No. 2 025 359 entitled “Components for breathing circuits” (the “Patent”) as valid and infringed. The judgment also provides useful guidance on the stepwise approach to instructing experts in patent actions. Background The Patent covers […]
READ MOREPosted: January 28th, 2021
In this appeal decision dated 12 November 2020, the Barcelona Court of Appeals reversed a first instance judgment which had declared the existence of contributory patent infringement. Contrary to the first instance court, the Court of Appeals considered that since the concerned means for the implementation of the patented invention were products commonly found in […]
READ MOREPosted: November 12th, 2020
Sisvel International S.A. v. Xiaomi Corporation et al. District Court The Hague, 4 November 2020, Case no. ECLI:NL:RBDHA:2020:11108 The Sisvel group controls an extensive patent portfolio in the field of wireless communications. Sisvel accuses Xiaomi of infringing on one of the managed (LTE standard essential) patents, namely EP 272, by trading in mobile phones that […]
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