EPLAW PATENT BLOG

NL – Ossenberg v. Roof & Tool Products

Posted: March 16th, 2022

Friedrich Ossenberg – Schule GmbH & Co. KG v. Roof & Tool Products B.V. and ESC Dronten B.V., District Court The Hague, The Netherlands, 2 March 2022, Case no. ECLI:NL:RBDHA:2022:1737 Ossenberg holds NL 1024003 related to a roof tile hook. Interpretation of claims. Patent is new and inventive. Roof tile hook defendant infringes patent. A […]

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NL – Kiremko v. Tomra

Posted: November 24th, 2021

Kiremko B.V. v. Tomra Sorting Limited, District Court The Hague, 10 November 2021, Case no. ECLI:NL:RBDHA:2021:12267 Tomra holds EP 1 289 385 relating to a ‘Steam Peeling Processing System’. Kiremko markets the steam peeling machine Strata Invicta in the Netherlands. Various proceedings have already been conducted between the parties regarding (alleged infringement with) the Strata […]

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UK – Mitsubishi Electric Corporation v. Oneplus Technology

Posted: July 22nd, 2021

Mitsubishi Electric Corporation and others v. Oneplus Technology (Shenzhen) Co Ltd and others, 26 April 2021, Case No. [2021] EWHC 1048 (Pat) In this judgment of the Patents Court, Mellor J dismissed the infringement claim of the Claimants in the first technical trial in these proceedings, holding that the declared standard essential patent in issue was […]

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NL – LILLY V. FRESENIUS (PEMETREXED) – APPEAL ON THE MERITS: PATENT VALID AND INFRINGED

Posted: November 4th, 2020

1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]

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NL – Fresenius Kabi v. Eli Lilly and Company (pemetrexed) – Opinion Advocate General

Posted: April 21st, 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, opinion Advocate General in the Supreme Court, The Netherlands, 30 March 2020, Case no. ECLI:NL:PHR:2020:269, provided by Chantal Morel and Mattie de Koning, Simmons & Simmons On 30 March 2020, the Advocate General in the Supreme Court provided his opinion in the preliminary relief proceedings between […]

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NL – Eli Lilly v. Fresenius – Case on the merits

Posted: June 21st, 2019

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., District Court The Hague, 19 June 2019, Case no. ECLI:NL:RBDHA:2019:6107 Contrary to the Court of Appeal in summary proceedings, and contrary to various foreign decisions in parallel proceedings, the District Court of the Hague rules in the case on the merits that the scope of protection […]

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NL – Tata Steel IJmuiden v. ArcelorMittal / OPINION ADVOCATE GENERAL

Posted: May 28th, 2019

Tata Steel IJmuiden v. ArcelorMittal, Dutch Supreme Court, Opinion Advocate General, 19 April 2019, Case No. ECLI:NL:PHR:2019:510 This case concerns the scope of EP 0044 held by ArcelorMittal and relating to ‘Clad hot-rolled and cold-rolled steel sheet, presenting a very high resistance after thermal treatment’.  EP 044 states in the claims that the lower threshold for […]

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DK – FRESENIUS KABI V. ELI LILLY (PEMETREXED)

Posted: February 21st, 2019

Fresenius Kabi AB v/Fresenius Kabi and Fresenius Kabi Oncology Plc. (“Fresenius Kabi”) v. Eli Lilly and Company and Eli Lilly Danmark A/S (“Lilly”), the Danish Eastern High Court, 20 December 2018, Case number B-2735-17 The case concerns the infringement of Lilly’s patent DK/EP 1 313 508 (“DK/EP ‘508”) which relates to the use of the […]

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IT – Eli Lilly / Alimta® – decision overturned

Posted: November 1st, 2018

Court of Milan overturns first instance decision on appeal (“reclamo”) and orders a preliminary injunction based on equivalent infringement of Eli Lilly’s Alimta® patent In a decision of 15th October 2018 in urgent proceedings, the Court of Milan’s appeal panel (comprised of President and Judge rapporteur, Mr Claudio Marangoni and Judges Anna Bellesi and Alima […]

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