EPLAW PATENT BLOG

UK – Ilumina Cambridge Limited v Latvia MGI Tech SIA

Posted: 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 […]

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UK – Fisher & Paykel v. Flexicare

Posted: 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 […]

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UK – Coloplast v. Salts

Posted: January 25th, 2021

Coloplast A/S v Salts Healthcare Limited [2021] EWHC 3 (Pat) (18 January 2021) In this judgment Nicholas Caddick QC, sitting as a Deputy High Court Judge, found Coloplast’s patent for a “comfort layer” for an ostomy bag invalid for obviousness over the common general knowledge and also over five separate prior art citations. The lengthy […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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NL – CDVI v. Impro / Appeal

Posted: September 24th, 2020

CDVI v. Impro, Court of Appeal of The Hague, the Netherlands, 23 June 2020, ECLI:NL:GHDHA:2020:1622 Facts Construction Diffusion Vente Internationale SA (“CDVI”) is a global supplier of access systems and electronic locks. Access & Beyond B.V., formerly Impro Technologies Europe B.V. (“Impro”), is a distributor of Impro branded products such as security equipment and systems […]

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DE – Eli Lilly v. various generics / validity (pemetrexed)

Posted: July 11th, 2020

With judgment dated 7 July 2020 (docket no. X ZR 150/18), the German Federal Court of Justice found the German part of Lilly’s patent EP 1 313 508 valid and dismissed the judgment of the German Federal Patent Court which had held in 2018 that Lilly’s patent lacked inventive step. The reasoned decision is not […]

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CH – Lilly vs. Sandoz – Pemetrexed: Swiss Federal Supreme Court rejects Sandoz’ Appeal

Posted: June 26th, 2020

On 1 May 2020, the Swiss Federal Supreme Court fully rejected Sandoz’ appeal against the decision of the Swiss Federal Patent Court (FPC) in Eli Lilly vs. Sandoz Pharmaceuticals (dated October 15, 2019) holding that the Swiss part of Eli Lilly’s patent EP 1 313 508 B1 regarding the use of the anti-cancer drug pemetrexed […]

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UK – Geofabrics v. Fiberweb Geosynthetics

Posted: May 20th, 2020

Geofabrics Limited v Fiberweb Geosynthetics Limited [2020] EWHC 444 (Par) (5 March 2020) In this judgment Mr. David Stone (sitting as a Deputy High Court Judge) held that Geofabrics Limited’s patent entitled “trackbed liner and related methods” is valid and infringed by Fiberweb Geosynthetics Limited’s product, Hydrotex 2.0. Background Geofabrics Limited (“Geofabrics”) is the proprietor […]

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UK – MEXICHEM UK LIMITED v HONEYWELL INTERNATIONAL INC

Posted: April 22nd, 2020

The recent Court of Appeal judgment in Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 has upheld the first instance decision of Hacon J refusing to strike out Mexichem’s requests for Arrow declarations in relation to Honeywell’s patents and patent applications. An Arrow declaration is a negative declaration made by the Court […]

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