EPLAW PATENT BLOG

ES – UNITED CAPS FOOD v BORGES BRANDED FOOD / PROTECTIVE LETTERS UNDER SPANISH PATENT LAW

Posted: March 10th, 2017

United Caps Food v. Borges Branded Food, Barcelona Commercial Court No 5, Order 1/2017 (Jan 5th, 2017) Barely three months before the new Spanish Patent Act comes into force (Apr 1st, 2017), the Barcelona Commercial Court No 5 has rendered an order taking forward the filing of a protective letter (“escrito preventivo”), despite this possibility not […]

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UK – Arrow declarations 2 – AbbVie’s second shot also misses the target

Posted: February 6th, 2017

Fujifilm Kyowa Kirin Biologics Co., Ltd (1) Samsung Bioepis UK Ltd), (2) Biogen Idec Ltd v AbbVie Biotechnology Ltd [2016] EWHC 3383 (Ch) Warming to its theme (see earlier post), the English Patents Court gave yet another judgment concerning Arrow declarations in the ongoing litigation between FKB and AbbVie regarding biosimilar adalimumab. This was heard […]

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UK – Teva UK v. Boehringer Ingelheim Pharma

Posted: December 28th, 2016

Teva UK Limited v Boehringer Ingelheim Pharma GmbH & Co KG, UK, Court of Appeal, Kitchin LJ and Floyd LJ, 16 December 2016 These proceedings concerned an application on behalf of Boehringer Ingelheim Pharma GmbH & Co (Boehringer) seeking permission of the Court of Appeal to appeal a decision by Morgan J to revoke Patent […]

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UK – NGPOD Global Limited v. Aspirate N Go

Posted: December 15th, 2016

NGPOD Global Limited v Aspirate N Go Limited, UK, High Court (Chancery Division), Mr Justice Mann, 02 December 2016 NGPOD Global Limited brought proceedings before the UKIPO relating to the ownership of a patent and two patent applications held in the name of Aspirate N Go Limited (Aspirate). Aspirate asked the Hearing Officer at the […]

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NL – Synthon v. Astellas / Supreme Court / Referral CJEU

Posted: November 24th, 2016

In its judgment of 6 October 2015, the Court of Appeal Arnhem-Leeuwarden asked several preliminary questions to the Supreme Court with regard to the applicable criteria for an exhibition claim based on art. 843a DCCP in conjunction with art. 1019a DCCP. With reference to its previous judgment in the AIB/Novisem case, the Supreme Court answered […]

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NL – Vertidrive v. Waterjet

Posted: October 31st, 2016

Vertidrive B.V. v. Waterjet Robotics USA LLC., Preliminary Relief Judge District Court of The Hague, the Netherlands, 20 October 2016, Case number C/09/515824 / KG ZA 16-956 Waterjet is the holder of the European patent with number 1 409 330 entitled “Air gap magnetic mobile robot”. Vertidrive develops and markets remote controlled magnetic robots for […]

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UK – Warner-Lambert v. Actavis

Posted: October 17th, 2016

Warner-Lambert Company LLC v (1) Generics (UK) Limited (trading as Mylan), (2) Actavis Group PTC EHF, (3) Actavis UK Limited and (4) Caduceus Pharma Limited, England and Wales Court of Appeal (Floyd, Pattern and Kitchin LJJ), London UK, 13 October 2016, Neutral Citation Number: [2016] EWCA Civ 1006 The Court of Appeal dismissed Warner-Lambert’s appeal […]

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NL – Quest Integrety USA v. A. Hak Industrial Services

Posted: September 27th, 2016

Quest Integrety USA LLC v. A. Hak Industrial Services B.V., District Court The Hague (PI Judge), the Netherlands, 21 September 2016, Case no. ECLI:NL:RBDHA:2016:11387 Request for access to evidence located in the Netherlands for use in US patent infringement proceedings. The PI Judge rules that Article 1019 DCCP (implementation of the Enforcement Directive) is not […]

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UK – Fujifilm Kyowa Kirin Biologics Company v. AbbVie Biotechnology

Posted: September 20th, 2016

Fujifilm Kyowa Kirin Biologics Company Limited v AbbVie Biotechnology Limited and AbbVie Limited (Arnold J), London, UK, 8 September 2016, Neutral Citation Number: [2016] EWHC 2204 (Pat) This judgment of Arnold J relates to an application made by the Defendants (collectively “AbbVie”) in the context of a wider claim in which the Claimant (“FKB”) had […]

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