(Indirect) infringement

Infringement is unauthorized application of the claimed invention, e.g. by trading in a product that falls within the scope of the claims of a patent. Actively inducing, encouraging or materially contributing to the infringing activity may – in some jurisdictions – also constitute indirect infringement. Infringement by inducement and contributory infringement are two types of indirect patent infringement, recognized in the U.S. In Europe indirect infringement generally relates to the (offer to) supply a means essential to the invention.

(Indirect) infringement, Biologics, Chemical Engineering, Extent of Protection, France, Injunction, Scope of protection, SPC

(Véron & Associés)/ /1 Comment

The company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive compounds, including valsartan, pharmaceutical preparations containing them and processes for the preparation of these compounds. , This patent, filed on 12 February 1991, was to have expired on 12 February 2011. However, Novartis…

(Indirect) infringement, Denmark, SPC

(Bugge Valentin)/

The Danish patentee H. Lundbeck A/S has during the past few years enforced its patent rights to the active pharmaceutical ingredient Escitalopram in several jurisdictions as also reported in several cases on the Kluwer patent blog. As previously reported (blog entry 3 May 2010), Lundbeck A/S has also succesfully enforced its patent rights in relation…

(Indirect) infringement, EPC, European Union, Injunction, Procedure, Validity

(Hoffmann Eitle)/ /2 Comments

The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well known, this draft agreement drew on many provisions introduced for the first time by the European Patent Litigation Agreement (EPLA) and…

(Indirect) infringement, Amendments, Biologics, EPC, Equivalents, France, Scope of protection

(Véron & Associés)/

On the occasion of a dispute opposing the Institut Pasteur and two Chiron companies, the French Cour de Cassation rendered on 14 December 2010 an interesting decision which confirms the existing case law on three points : the “file wrapper estoppel” theory, the contributory infringement and the infringement by equivalence.

(Cross-border) jurisdiction, (Indirect) infringement, Austria, Enforcement, European Union, France, Germany, Ireland, Italy, Netherlands, Novelty, Opposition, Priority right, Revocation, Spain, Sufficiency of disclosure, United Kingdom, United States of America, Validity

(Rospatt Osten Pross)/

Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!

(Indirect) infringement, Case Law, Spain

(Clifford Chance)/

On 30 June 2010, the Supreme Court held that the ‘Bolar provision’ introduced by Law 29/2006, which implemented Directive 2004/27 into Spanish law, may not be applied retrospectively. In addition, the Supreme Court revoked the view expressed by the Court of Appeal of Pamplona and other provincial Courts, which had considered that the ‘Bolar provision’…

(Compulsory) license, (Indirect) infringement, Biologics, EPC, France

(Véron & Associés)/

On 8 October 2010, the Cour d’Appel of Paris rendered a interesting decision about the interpretation of the wording of one of the settlement agreements which have been concluded between Institut Pasteur and the American health authority (DHHS/NIH) in order to put an end to the various disputes which opposed them concerning the paternity of the HIV-1/VIH retrovirus’ discovery and the patents relating thereto. The question at stake was to determine if a gp 110 protein was the subject-matter of the said settlement agreement so that Abbott, as a sublicensee of the NIH, could validly exploit in France that gp 110 protein in its detecting kits. Otherwise Abbott would have been an infringer of the Institut Pasteur’s European patents.