Enforcement

A patent is a right to prohibit others to practice the invention claimed in the patent. A patent holder can enforce this right against third parties to – in the words of the World Intellectual Property Organization (WIPO) – ‘prevent further infringement and recover the losses incurred from any actual infringement.’

Enforcement, Entitlement, France

(Dhenne Avocats)/

In an important decision rendered on 24 April 2024, the Commercial Chamber of the Cour de cassation (i.e., French Supreme Court) ruled that the assignment of a patent is not enforceable against third parties if it is not registered, but that the regularization of this situation during the infringement proceedings allows covering all acts of…

Brazil, Enforcement, Pharma

, , (RNA Law)/

The first Over-the-Counter Continuous Glucose Monitor (CGM) ever cleared in the United Stated by the FDA was launched by Dexcom. The Stelo Glucose Biosensor System (commercial name) has been cleared for anyone 18 years or older who does not use insulin (such as individuals with diabetes treating their condition with oral medications, or those without…

Belgium, Case Law, Enforcement, Procedure

, (Stibbe) and (Dhenne Avocats)/

In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…

Enforcement, Generics, Infringement, Injunction, Inventive step, Netherlands, Patents, Plausibility, Procedure

(Brinkhof)/

The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes,  Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…

(Cross-border) jurisdiction, (Indirect) infringement, Enforcement, Equivalents, Infringement, Injunction, Litigation, Netherlands, Pharma

(Brinkhof)/ /3 Comments

Everything flows, and the Dutch cross-border injunction flows like no other. From its source in the The Hague all the way to the cradle of Europe: Greece. So decided the Dutch Courts in the Novartis vs. Pharmathen case. The willingness of the Dutch Courts to assume jurisdiction to grant cross-border relief in international patent cases…

Denmark, Enforcement, Generics, Infringement, Injunction, Litigation, Patents, Pharma, Pharmaceutical patent, Utility model

(Bugge Valentin)/ /4 Comments

In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on the European patent application 2 959 894. In its decision, the Court firmly stated that a preliminary injunction can only be issued based…

Denmark, Enforcement, Patents

(Bugge Valentin)/

In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action had been suspended pending EPO opposition proceedings. This decision could have farreaching consequences as it may entail that a…

(Cross-border) jurisdiction, (Indirect) infringement, China, Competition, Enforcement, FRAND, Germany, Infringement, Injunction, Litigation, Patents, SEP, United Kingdom, United States of America

(Bristows)/ /1 Comment

This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row. The tenth panel session of the AIPPI Online World Congress 2021 addressed global FRAND determinations by national courts and out-of-jurisdiction judgments in the form of anti-suit and anti-anti-suit injunctions….

Case Law, Covid-19, Damages, Electrical Engineering, Enforcement, evidence, Infringement, Inventive step, Kluwer Patent Cases, Legal costs, Litigation, Patents, Procedure, United Kingdom

, (Bristows)/ /8 Comments

As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ.  Despite the challenges that the global pandemic has brought, the English Patents Court has coped remarkably well and there has been no let-up in the progress of…