One of the remedies available to a patent holder against a patent infringer is an injunction to prevent future. Two types are generally available: a preliminary injunction and an injunction in proceedings on the merits. A preliminary injunction is a provisional measures which has to be confirmed in merits proceedings or otherwise ceases to have effect. In European patent law a (provisional) cross-border injunction is possible: a court in one European state can prohibit infringement in several other European states.
In a recent decision the new Swiss Federal Patent Court confirmed that it adheres to the case law with regard of the wording of prayers for relief in Swiss patent proceedings. Unlike in other jurisdictions, plaintiffs in Swiss patent proceedings must be very careful if they just adopt the wording from their patent claims in…
If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use, unless the technical effect of the invention is reflected in such component. Otherwise replacement generally constitutes patent infringement, regardless of the component’s significance…
Almost one year ago the European Court of Justice (CJEU) “clarified” the law on supplementary protection certificates. On November 24, 2011 it rendered its verdict in the “Medeva” case (C-322-10). One should not forget that “Georgetown” (C -422/10) was rendered on the same day and only one day later, the Yeda (C-518/10), Queensland (C-630/10) and…
Thanks to the constitutional revision of 23 July 2008 (which created Article 61-1 and amended Article 62 of the French Constitution), a new procedure to control the constitutionality of laws was introduced into French law, which came into force on 1st March 2010: the “priority question on constitutionality” (“question prioritaire de constitutionnalité”). Before this reform, the constitutionality could only be verified…
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck’s Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in earlier proceedings, the court found that, given the suspensive effect of the appeal against the decision invalidating the SPC, a preliminary injunction could be granted…
The Regional Court in Dusseldorf and the Polish Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity and that a third party’s manufacturing and selling to the testing entity is not exempted.
On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s paediatric extension (Regulation (EC) No. 1901/2006) and the preliminary injunction as organized by Article L. 615-3 (implementing Article 9 of Directive (EC) No. 2004/48) of the French Intellectual Property Code. The US company E.I….
The interesting six-jurisdiction patent case between two of the world’s leading enzyme manufacturers, the Danish companies Danisco A/S (now part of DuPont) and Novozymes A/S has already been subject to earlier blogs both here and several times on EPLAW and PatLit. To recap the story briefly, Novozymes started the proceedings by applying for a preliminary…
Jurisdiction of Article 6 (1) BR against Co-Defendants [each infringing all national parts of EP] affirmed;
Jurisdiction according to Art. 31 BR affirmed for cross-border provisional injunctions despite nullity pleas
The Paris Court of Appeal clarified the conditions to be assessed by the Court in order to grant an interlocutory injunction pursuant to Article L. 615-3 of the French Intellectual Property Code. A summary of this case will be posted on http://www.KluwerIPCases.com
