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In a second case between DexCom and Abbott, DexCom claimed against Abbott for infringement of a divisional patent by its glucose monitoring system. However, Abbott, in a similar fashion as with the parent patent, also counterclaimed for revocation of the divisional patent. Case date: 31 July 2024 Case number: CFI 233/2023547520/20232178/2024 Court: UPC Local divisions of the…
On 27 August 2024, the Munich Local Division awarded a preliminary injunction (‘PI’) in an action brought by Hand Held Products against Scandit for infringement of EP3866051 (“Mobile computer configured to read multiple decodable indicia”) in relation to Scandit’s ‘Data Capture SDK’ software (Order UPC_CFI_74/2024). The Court held that Scandit’s software development kit (SDK) more…
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…
This is part II of an open letter directed to the President of the EPO in his capacity to give directions on the composition of Opposition Divisions. Article 19 EPC explicitly permits the Primary Examiner to be member of an Opposition Division. Many applicants and representatives, however, have a feeling of bias in favour of…
In a long awaited, but timely decision the Düsseldorf local division has the honour to be the first to decide an infringement case before the UPC. Indeed, the court lived up to its promise to deliver a decision in about 1 year. The decision itself, where the patent was found invalid, but an auxiliary request…
On 12 July 2024 the English Court of Appeal gave its second FRAND determination judgment, in the context of an appeal and cross-appeal of Mellor J’s first instance decision in IDC v Lenovo. This decision continues the English Court’s theme, first developed in Unwired Planet, of taking a pragmatic approach to arriving at a set…
On 19 July 2024, the Court of Appeal handed down its judgment in Comptroller – General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825 following a hearing on 14-15 May 2024. The Court of Appeal judgment overturns the first instance decision of the High Court and upholds the…
A recent decision from Joanna Smith J dealing with the costs of a withdrawn application in a case before the English Patents Court contains an important postscript and suggests that the rules in the Patents Court Guide regarding the lodging and filing of skeleton arguments need to be revisited. All English patent litigators, and many…
On 15 July 2024, the High Court of England and Wales handed down its decision ([2024] EWHC 1815 (Ch)) in the jurisdiction challenge in Telsa’s case against InterDigital and Avanci which considers a request for declaratory relief in relation to the FRAND terms for a patent pool licence that includes SEPs owned by multiple proprietors. …
This morning, the Barcelona Appeal Court has announced a judgment of 18 July 2024, reversing the judgment of 15 January 2024 from Commercial Court number 4 of Barcelona, which had found patent EP 1,427,415 (“EP ‘415”), protecting apixaban, to be invalid. The main highlights of the decision may be summarized as follows: The first interesting…
