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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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. […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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, […]
READ MOREPosted: 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) […]
READ MOREPosted: 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 […]
READ MOREPosted: 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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