Rambus and Micron have been involved in complex patent litigation in Italy since 2000. Things started when, in 2000, Rambus enforced the Italian designation of its patent EP 0525068 on SDRAM memories against Micron before the Court of Monza, obtained an ex parte seizure order and executed the same at the important manufacturing plant that…

In its decision of 20 October 2010 (Docket No. 21 O 7563/10), Regional.Court.Munich.20.10.2010 the Regional Court Munich had to decide on whether “urgency” is required for measures for securing evidence and, whether the request for measures for securing evidence must be rejected if the opponent is obliged to preserve the relevant documents, for instance pursuant to pharmaceutical or tax laws. The Court denied both questions and has therefore issued a decision which allows right-holders to effectively secure evidence.

The question in dispute was whether ratiopharm’s escitalopram was produced using Lundbeck’s patented process The Court considered that a reversal of the burden of proof in favour of the patentee might, in appropriate cases, be applied for process patents. However, in this case it was not disputed that the process developed and patented by ratiopharm’s…

In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis’ patent for ‘pharmaceutical compositions for sustained release of Fluvastatine’, until a decision is rendered in the proceedings on the merits. The Court further held that the injunction will be lifted, if the European Patent Office’s…

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff’s department of the city courts (being the first instance courts) with an automatic right of appeal to the High Court. In…

The court held that the plaintiff who is listed as proprietor of the patent in the patent register is allowed to claim both injunctive relief and damages as well as claims to rendering accounts and provision of information to prepare the damage claim for all infringing acts committed during the time of his/her enlistment, despite…

The Italian Antitrust Authority (Autorità Garante della concorrenza e del mercato) announced on 26 October that it commenced proceedings against Pfizer following a complaint filed by Ratiopharm alleging that Pfizer’s behaviour in the enforcement of its patent rights amounts to abuse of a dominant position. It is too soon to make comments on this case….

In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer’s local jurisdiction (bailiff’s department of the local city court). In a recent decision from the Danish High Court (Eastern Division) (case reported in the Danish Legal Gazette UfR…

According to the so-called “Duesseldorfer Besichtigungspraxis” (Duesseldorf inspection practice), a patent owner who establishes a prevailing likelihood of infringement may secure evidence by inspection of the allegedly infringing device or method by a court-appointed, independent expert. The inspection order is granted in ex-parte proceedings. Contrary to other preliminary injunctions, the required urgency is generally presumed…