EPLAW PATENT BLOG

IT – Guidance Court of Milan on risk of irreparable damage required for interlocutory description order

Posted: September 7th, 2021

The Court of Milan provides guidance on the requirement of the risk of irreparable damage for the purpose of granting an interlocutory description order The description order, a remedy available pursuant to Articles 129 and 130 of the Italian Industrial Property Code, is a sui generis preliminary investigation measure. To be granted, the applicant must […]

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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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UK – Interdigital Technology v. Lenovo

Posted: August 14th, 2021

Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]

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DE – German parliament adopts government bill for a Second Act concerning the Simplification and Modernization of German Patent Law

Posted: July 20th, 2021

On June 10, 2021, the German parliament adopted the version of the government bill for a Second Act concerning the Simplification and Modernization of German Patent Law (parliamentary paper 19/25821) as amended by the Committee of Legal Affairs and Consumer Protection (parliamentary paper 19/30498; “Patent Law Modernization Act” below). The Patent Law Modernization Act expressly […]

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UK – Godo Kaisha IP Bridge 1 v Huawei Technologies

Posted: July 16th, 2021

Godo Kaisha IP Bridge 1 v Huawei Technologies Co. Ltd & Ors [2021] EWHC 1261 (Pat) (14 May 2021) In this Patents Court judgment deputy High Court Judge Mr Nicholas Caddick Q.C. set aside the Order of Chief Master Marsh insofar as he permitted alternative service on two of the defendants, Huawei Technologies Co. Limited […]

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ES – EDWARDS LIFESCIENCES v. MERIL

Posted: July 7th, 2021

Commercial Court No. 5 of Barcelona, Spain, 30 December 2020, case number 66/2020 (ECLI:ES:JMB:2020:310A) In this decision dated 30 December 2020, Barcelona Patent Courts provided some useful insights on how to meet the periculum in mora requirement (danger in delay) for the granting of precautionary measures for patent infringement in Spain. According to Spanish procedural […]

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UK – Facebook Ireland v. Voxer IP

Posted: 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 […]

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UK – Vestel v. Access Advance & Philips

Posted: April 20th, 2021

(1) Vestel Elektronik Sanayi Ve Ticaret A.S. (2) Vestel UK Limited v (1) Access Advance LLC (2) Koninklijke Philips N.V. , 26 March 2021, Court of Appeal, UK, Case No. A3/2020/0019 The UK Court of Appeal (“CofA”) dismissed an appeal by Vestel against the decision that the UK Court had no jurisdiction to hear Vestel’s […]

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IT – SISVEL and Brau v. TOSHIBA

Posted: March 23rd, 2021

On 14 April 2020, the Court of Appeal of Milan (‘CoA’) delivered its decision (n. 898/2020) in a patent case between S.I.SV.EL. SpA (‘Sisvel’ or the ‘Appellant’) and BRAU VERWALTUNGSGESELLSCHAFT mbH (‘Brau’ or the ‘Appellant’) against TOSHIBA EUROPE GmbH (‘Toshiba’) The patent at issue in this case is the Italian fraction of Brau’s patent n. […]

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