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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: 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 […]
READ MOREPosted: June 12th, 2018
Resolution Chemicals Ltd. v. AstraZeneca B.V. and Shionogi Seiyaka Kabushiki Kasiha, Supreme Court of The Netherlands, The Hague, 8 June 2018, Case No. ECLI:NL:HR:2018:854 This case relates to the scope of protection of a patent for a cholesterol inhibitor, more importantly whether or not the description of the patent provides for a limiting definition of […]
READ MOREPosted: May 14th, 2018
Fresenius Kabi Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1105 and Teva Nederland B.V. v. Eli Lilli & Company, Court of Appeal, The Hague, 8 May 2018, Case no. ECLI:NL:GHDHA:2018:1106 Eli Lilly (”Lilly”) is the holder of the European patent EP 1 313 508 B1 […]
READ MOREPosted: April 26th, 2018
Regeneron Pharmaceuticals, Inc v Kymab Limited and Novo Nordisk A/S (UK Court of Appeal, 28 March 2018, [2018] EWCA Civ 671) The UK Court of Appeal has handed down judgment in the case of Regeneron Pharmaceuticals Inc. v Kymab Ltd and Novo Nordisk A/S ([2018] EWCA Civ 671), which will now stand as an important […]
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