Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
In June 2023, the UPC – at the Düsseldorf Local Division – granted its first ex parte provisional injunction (“PI”) in myStromer AG v Revolt Zycling AG (“myStromer v Revolt”), despite the defendant having previously filed a protective letter. A year on from that decision, and with only one other ex parte PI decision having…
Moderna secured a double victory in the Patents Court last week (2 July 2024) in proceedings against Pfizer and BioNTech. In the first decision, Meade J found its modified mRNA patent to be valid and infringed by Pfizer and BioNTech’s “Comirnaty” vaccine. In the second decision, Richards J rejected Pfizer and BioNTech’s defence based on…
In his Abbott v Dexcom ([2024] EWHC 1664 (Pat)) judgment, published on 28 June 2024, Mr Justice Mellor was faced with the rather unenviable task of determining the approach of the Skilled Team when “due to their differing experiences and expertise” it was unclear if any of the experts were in a position to comment…
The reasons for the decision are now available in the case of Ballino v UEFA and others, following an oral hearing on 3rd of June 2004 in the Hamburg local division. As was previously known, the panel comprising Presiding Judge Sabine Klepsch, Judge-rapporteur Dr. Stefan Schilling, and legally qualified Judge Samuel Granata dismissed the application…
In a decision issued today, the Düsseldorf Local Division has ordered the first ever permanent injunction at the UPC following a hearing on 16 May 2024. The injunction covers seven UPC member states: Austria, Belgium, Denmark, France, Italy, Luxemburg and the Netherlands. Notably, Germany was not included in the claim. The patent in question in…
The recent rivaroxaban PI cases may have caused you to ask yourself whether the American Cynamid principles for determining whether or not to grant preliminary injunctive relief in the UK are dead or at least dying. In this article we consider the facts of the rivaroxaban PI applications and aim to tease out some principles…
Prepared by Rob Rodrigues, Brenno Telles and Dara Offrede On Friday June 21, 2024, the government formally introduced regulations addressing the new framework for Partnerships for Productive Development (PDP). The Ministry of Health published new guidelines (Ordinance #4,472/20241) as part of the government policy to foster the “National Strategy for the Development of the Economic-Industrial…
Patent claims, and therewith infringement, can get lost in translation. The Dutch first instance court limited a patent’s scope of protection based on the Dutch translation of the claims. The Court of Appeal saw it differently. A thorough review of the translation of the claims remains necessary to avoid unwanted discussions on claim interpretation. To…
On 30 April 2024, the UPC’s Local Division Düsseldorf handed down a new chapter in the 10x Genomics saga. This time the case is not against NanoString (see this post on the lost appeal) but against the US-based company Curio (see this post on the earlier language appeal in this case). The central issue before…
On the 23 May 2024, the English Patents Court dismissed an application by Lenovo for an interim injunction to prevent Ericsson infringing one of Lenovo’s patents pending the outcome of the UK proceedings ([2024] EWHC 1267 (Ch)). In particular, the Court found that the application failed on the basis that damages are an adequate remedy…
