Posted: July 20th, 2021
Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19 With its judgment dated March 2, 2021, docket no. 2 O 131/19, the Mannheim District Court applies decisions “FRAND-Einwand” (judgment dated May 5, 2020, KZR 36/17, GRUR 2020, 961) and “FRAND-Einwand II” (judgment dated November 26, 2020, KZR 35/17, GRUR 2021, […]
READ MOREPosted: June 14th, 2021
On 11 June 2021 EPLAW hosted a succesful webinar for its members on the hot topic of Covid-19 vaccines and patents. After an introduction by Klaus Haft (Hoyng ROKH Monegier, DE), various speakers discussed the topic from different angles. Key question was whether a patent waiver and/or compulsory license will be the solution to the […]
READ MOREPosted: May 27th, 2021
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20 With its judgments of May 11, 2021, docket nos. 4b O 83/19, 4b O 23/20, and 4b 49/20, the Düsseldorf District […]
READ MOREPosted: May 27th, 2021
Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17 / FRAND Following the decision FRAND-Einwand of May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice had to deal with the dispute between Sisvel and Haier and decide on Haier’s FRAND defense for a second time. With its […]
READ MOREPosted: December 3rd, 2019
Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]
READ MOREPosted: August 30th, 2019
TATA STEEL v ARCELORMITTAL, District Court of Luxemburg, 17 July 2019 ARCELORMITTAL has submitted a patent application (EP 2 906 734) on “A method for manufacturing a metal sheet with a ZnAl [Zinalium, a zinc-based metal] coating and with optimized drying, corresponding metal sheet part and vehicle”, as well as a divisional patent application (EP […]
READ MOREPosted: June 6th, 2019
In its decision of 4 June 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed a rejection of an application for a preliminary compulsory license for a cholesterol-lowering drug. It is just the second time that the FCJ had to deal with the questions of a compulsory licence. The first case concerning […]
READ MOREPosted: October 12th, 2018
Chugai Pharmaceutical v UCB & Celltech [2018] EWHC 2264 (Pat) In his judgment of 24 August 2018 Birss J held that Chugai was not required to pay royalties to UCB in relation to their immunosuppressive drug tocilizumab, marketed as Actemra. The case concerned a worldwide licence granted by the First Defendant, UCB, to the Claimant, […]
READ MOREPosted: July 23rd, 2018
Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 18 July 2018, Case No. ECLI:NL:RBDHA:2018:8777 This is case no. 1 of 11 patent cases between Nikon and ASML. Lithography machines are used in the production of chips. Nikon holds EP 1 652 003 (‘EP 003) relating […]
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