On 17 March 2020,The Hague Court of Appeal dismissed a preliminary injunction (PI) based on alleged infringement of a Standard Essential Patent (SEP) held by a Non-Practicing Entity (NPE) based on a balancing of interests – without assessment of validity and infringement of the patent in suit, and without assessment of FRAND-related obligations. In case…

The provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to prevent marketing by Kiremko of their Strata Invicta system. Case date: 17 January 2020 Case number: C/09/580883 / KG ZA 19-941 Court: Provisions Judge of…

The Spanish company Fractus sued Xiaomi and their distributors for infringement of their patent on a monopole antenna with a radiation arm that is shaped as a space-filling curve. However, the provisions judge declared that the claim of the patent should be interpreted narrowly on the basis of the prosecution history and on the basis…

In the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for the sale and marketing of the ophthalmalogic product protected by a patent owned by the single shareholder of Sharpsight. Case date: 16 October 2019…

Where an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of the expression may be derived from the patent itself which would locate (at least some of) the disclosed embodiments within the ambit…

The Dutch authorities have handed over to the European Medicines Agency (EMA) its new premises, located in the Zuidas business area of Amsterdam. On 15 November EMA’s Executive Director Guido Rasi ‘signed the lease agreement and thanked the Dutch authorities for reaching this important milestone on time’, according to a report on the EMA website. EU…

The patent licensee ASSIA was held to be entitled to conduct the present infringement action but was not successful in its claim. Independent claims 1 and 16 were deemed invalid because of added subject matter (intermediate generalization) and in an obiter dictum the court also mentioned that the claimant had not succeeded in proving infringement….

Back to sad old days at the European Patent Office. Last Thursday, hundreds of EPO staff members protested outside the Portuguese Embassy in The Hague against the lack of justice and deteriorating working conditions at the EPO. They are also concerned about the way the management is pushing for reforms without proper consultation of staff…

Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently been found. Case date: 17 September 2019 Case…

A claim defining a compound as having a certain purity would lack novelty over a prior art disclosure describing the same compound only if the prior art disclosed the claimed purity at least implicitly, for example by way of a method for preparing said compound, the method inevitably resulting in the claimed purity. Such a…