Background In June 2024, we reported that in an application for provisional measures brought by Abbott Diabetes Care against Sibio Technology, The Hague Local Division (“LD”) determined, inter alia, that it had competence for Ireland, in the sense that it could grant a PI extending to Ireland under European patent validated in that country. In…
Introduction On 19 June 2024, The Hague Local Division handed down a judgment in a dispute brought by Abbott Diabetes Care Inc. (“Abbott”) against Sibio Technology Limited and Umedwings Netherlands BV (together “Sibio”). Abbott sought to obtain a preliminary injunction (as well as certain other provisional measures) against Sibio, relying on its patent EP 2…
Introduction On 17 July 2023, the English Court of Appeal handed down its decision in a dispute between J.C. Bamford (JCB) and Manitou about the confidentiality of information disclosed in the course of litigation between JCB and Manitou relating to the validity and infringement of certain of JCB’s patents. At the heart of the confidentiality…
On 4 May 2023, a mere two weeks after the conclusion of the hearing, the Court of Appeal handed down its decision in Sandoz and Teva v BMS. The appeal decision is centred on the question of plausibility and comes hot on the heels of the Enlarged Board of Appeal’s decision in G 2/21. Indeed,…
The High Court has granted the Claimants’ request for declarations of non-infringement (“DNIs”) regarding several national designations of the Defendant’s European Patent for a pemetrexed disodium and vitamin B12 combination in respect of reconstitution of the Claimants’ lyophilised pemetrexed product when reconstituted in dextrose solution. The issues in this case were remitted by the Court…
The Court of Appeal denied Actavis’ claim for declarations of non-infringement in respect of several national designations of Eli Lilly’s European Patent. Whilst agreeing with the High Court that the national designations in suit were not directly infringed, it, nevertheless, overturned the prior decision on the basis of there being indirect (contributory) infringement. The Court…
