EPLAW PATENT BLOG

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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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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ES – Corning v. Huawei / Appeal

Posted: January 12th, 2021

Corning v. Huawei / Court of Appeals of Barcelona, 16 October 2020, Docket No. 1686/2018 / Effects of a patent limitation at the EPO in appeal Court proceedings On 16 October 2020, the Court of Appeals of Barcelona issued a ruling exhaustively addressing the effects on national appeal Court proceedings of a patent limitation agreed […]

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UK – OnePlus v. Mitsubishi

Posted: December 24th, 2020

Oneplus Technology (Shenzhen) Co Ltd and others v Mitsubishi Electric Corporation and another [2020] EWCA Civ 1562 (19 November 2020) In this judgment of the Court of Appeal (Floyd LJ giving the main judgment, and Males LJ giving a short second judgment in agreement) upheld the decision of the first instance judge, Sir Alastair Norris, […]

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ES – Fulvestrant / Court of Appeals of Barcelona

Posted: June 16th, 2020

ES – Fulvestrant / Court of Appeals of Barcelona, 19 November 2019, Docket Nos. 240/2019 & 505/2019 In two separate orders, both issued on 19 November 2019, the Barcelona Court of Appeals confirmed the dismissal of a preliminary injunction decided by Orders of 18 July 2018, upon request of ASTRANEZECA against TEVA PHARMA S.L.U. (TEVA) […]

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DE – Obligations of SEP holders and SEP users

Posted: April 3rd, 2020

Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16 The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice […]

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DE – “Leiterklemme” – requirements for the reasons for a preliminary injunction in patent litigation

Posted: March 27th, 2020

Higher Regional Court of Munich on the requirements for the reasons for a preliminary injunction in patent litigation – change of previous case law (judgment of December 12, 2019 – Case 2 U 4009/19*) – “Leiterklemme” In patent litigation, the reasons for an injunction necessary for the issuance of a preliminary injunction generally require that […]

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UK – Eli Lilly and Company v. Genentech

Posted: March 18th, 2020

Eli Lilly and Company v Genentech, Inc., High Court, London, UK, 14 February 2020, Neutral Citation Number: [2020] EWHC 261 (Pat) Summary This decision relates to a preliminary issue and summary judgment application brought by Lilly against Genentech regarding a Genentech divisional patent directed to anti-IL-17 A/F antibodies. Roger Wyand QC, sitting as a Deputy […]

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