EPLAW PATENT BLOG

NL – AstraZeneca v. Resolution

Posted: March 9th, 2016

Astrazeneca and Shionogi v Resolution, Court of Appeal the Hague, the Netherlands, 16 February 2016, Case no. 200.174.337/01, with thanks to Willem Hoyng, Jeroen den Hartog en Judith Krens, HOYNG ROKH MONEGIER, for sending in the judgment and translation in English Scope of protection. The patent (SPC) in suit relates to a new active substanse […]

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UK – Regeneron v. Kymab and Novo Nordisk

Posted: February 16th, 2016

Regeneron Pharmaceuticals Inc v Kymab Limited and Novo Nordisk A/S, High Court of England and Wales (Carr J), London, UK, 1 February 2016, Neutral Citation Number: [2016] EWHC 87 (Pat).  On 3 February 2016 the Patents Court (Carr J) held that the disputed claims of two of Regeneron’s patents relating to transgenic mice used for […]

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ES – Gamesa v. Aloys Wobben

Posted: February 15th, 2016

Gamesa v Aloys Wobben, 15th Section of the Provincial Court of Appeals of Barcelona, Spain, 7 January 2016, Docket No. 443/2014-2ª On 14 January 2016, Section 15th of the Provincial Court of Appeals of Barcelona served its decision of 7 January in the GAMESA v. WOBBEN case. This is a very interesting Judgement not only […]

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UK – Electromagnetic Geoservices v Petroleum Geo-Services & ors

Posted: January 18th, 2016

Electromagnetic Geoservices ASA v Petroleum Geo-Services ASA and Others, High Court of England and Wales (Birss J), London, UK, 13 January 2016, Neutral Citation Number: [2016] EWHC 27 (Pat) This was an interlocutory case management hearing before Mr Justice Birss in a case concerning allegations of infringement of EP (UK) 1 256 019, a patent […]

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UK – Rovi Guides v. Virgin Media

Posted: December 11th, 2015

Rovi Guides Inc v (1) Virgin Media Ltd, (2) Virgin Media Payments Ltd and (3) Tivo Inc, England and Wales Court of Appeal (Floyd, Kitchin and Moore-Bick LJJ), London UK, 26 November 2015, Neutral Citation Number: [2015] EWCA Civ 1214. The Court of Appeal dismissed Rovi’s appeal against the decision of the Patents Court that […]

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BE – Saint-Gobain v. Knauf Insulation

Posted: April 13th, 2015

Saint-Gobain v. Knauf Insulation, Belgian Supreme Court, 12 March 2015 Patent – Scope of protection – Theory of equivalents – Amendment of the patent application – Interpretation of the granted claim – Impact of amendment on the scope of protection A judgment deciding that the patent is not infringed, taking into account that the patent […]

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FR – Institut Pasteur v. Chiron Healthcare & Novartis / Cour de cassation

Posted: March 30th, 2011

Institut Pasteur v. Chiron Healthcare & Novartis Vaccines & Diagnostics, French Cour de cassation, 23 November 2010, Case No. 1194 F-D, with thanks to Pierre Véron, Véron & Associés, for sending in the judgment, summary and translation in English The French Cour de cassation gives here its first decision in a case for infringement of […]

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HU – Preliminary injunction is not available if the scope of protection defined in the main claim is different from the one that can be derived based on the description

Posted: November 2nd, 2010

Hungary, Mertropolitan Court (first instance decision), 29 October 2010 The Metropolitan Court ruled in a first instance decision that a preliminary injunction is not available if the scope of protection defined in the main claim is different from the one that can be derived based on the description. The patentee is the owner of a […]

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FR – Institut Pasteur v. Chiron

Posted: March 4th, 2009

Institut Pasteur v. Chiron Healthcare c.s., appeal in infringement proceedings, Cour d'Appel, Paris, France, 4 March 2009, Docket No. 07/08437, with thanks to Pierre Véron, Véron & Associés Even a pioneer patent cannot be granted a general scope if its claims are drafted using restrictive words. A non-ambiguous claim with a narrow scope cannot be […]

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