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 […]


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, […]


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) […]


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 […]


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 […]


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 […]


UK – Excel-Eucan Limited v. Source Vagabond Systems

Posted: December 9th, 2019

Excel-Eucan Limited v. Source Vagabond Systems Limited, Patents Court, London, 21 November 2019 [2019] EWHC 3175 (Pat) HHJ Melissa Clarke This judgment from the Patents Court (Her Honour Judge Clarke sitting as deputy) considers the application of the law on infringement by equivalents. The case was heard under the Shorter Trials Scheme which applies to […]



Posted: December 4th, 2019

SANGENIC V. LAMICO / THE DANISH MARITIME AND COMMERCIAL HIGH COURT (DIAPER PAIL REFILLS) – Presumption of validity of granted rights, infringement by equivalent means, loss of rights/acquiescence, recall of products, damages and compensation, proportionality Sangenic International Limited (“Sangenic”) v. Lamico ApS (“Lamico”), the Danish Maritime and Commercial High Court Case number BS-287/2015-SHR, 4 October […]


UK – Vestel UK & Anor v. HEVC Advance & Koninklijke Philips

Posted: December 3rd, 2019

Vestel UK Ltd & Anor v HEVC Advance LLC & Koninklijke Philips NV The claimants, collectively known as Vestel, brought an action against defendants Advance and Philips for relief from an Article 102 abuse of a dominant position in relation to standard essential patents and licence fees. Advance and Philips have been successful in their […]