EPLAW PATENT BLOG

EPLAW – Webinar – Covid-19: Vaccines and Patents – a European Perspective

Posted: 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 […]

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DE – Application of FRAND objection by Düsseldorf District Court following FRAND-Einwand I and II

Posted: 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 […]

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DE – Court of Justice – FRAND-Einwand II

Posted: 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 […]

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UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: 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 […]

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LU – TATA STEEL v ARCELORMITTAL

Posted: 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 […]

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DE – Federal Court of Justice confirms rejection preliminary compulsory license cholesterol lowering drugs

Posted: 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 […]

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UK – Chugai Pharmaceutical v. UCB & Celltech

Posted: 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, […]

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NL – Nikon v. ASML / Case No. 1

Posted: 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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UK – Q Delta v Zyxel / “external eyes only” confidentiality regime

Posted: July 16th, 2018

UK Court clarifies applicability of “external eyes only” confidentiality regime The issue whether certain licence agreements should only be disclosed on an “external eyes only” basis, i.e. only to external solicitors, counsel and independent experts, was recently decided in the UK by Carr J in the TQ Delta v Zyxel case. The case involved inter […]

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