Litigation

CJEU, Damages, Enforcement, Generics, Infringement, Injunction, Litigation, Patents, Pharma, Pharmaceutical patent, Sweden

(Gulliksson)/ /2 Comments

Introduction A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a patent despite the risk that the patent proprietor in such case could initiate infringement proceedings which often includes requests for a…

Case Law, EPO, Exceptions to patentability, France, FRAND, Injunction, Inventive step, IP Management, Litigation, Novelty, Patents, SEP

(Dhenne Avocats)/

In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last territory to litigate: jurisdictions would be anti-patentee, slow, unable to order preliminary injunctions, even not “specialized”. The Cross-Examination Part I of Mrs. Nathalie Sabotier…

Guidelines, Legal costs, Litigation, Netherlands, Procedure, Reimbursement

(Brinkhof)/ /2 Comments

What is it with the Dutch and money? How much truth is there in the cliché that the Dutch are cheap? Do we really get back to business after a romantic diner and split the bill to the cent? Where does this ‘going Dutch’ come from? That term, according to the Oxford English Dictionary, connects…

Case Law, evidence, France, IP Management, Litigation, Patents, Procedure

(Dhenne Avocats)/

It’s an understatement to say that it’s not always very easy to be a French patent litigator in a transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory…

Case Law, evidence, France, Infringement, Injunction, IP Management, Litigation, Patents, Procedure

(Dhenne Avocats)/

It’s an understatement to say that it’s not easy to be a French patent litigator in transnational litigation, in any case a good dose of humor is needed: how many jokes have I heard about our jurisdictional system? Then you have to accept that France is almost systematically considered as the territory at the bottom…

Damages, Infringement, Kluwer Patent Cases, Litigation, Patents, TRIPS, TRIPs Agreement, United Kingdom

(Bristows)/

Normal service looks to have been resumed following the Court of Appeal judgment in IPCom v Vodafone [2021] EWCA Civ 205, in which Arnold LJ reversed a first instance finding by Recorder Douglas Campbell QC that Vodafone was entitled to a defence of Crown use in respect of certain acts which infringed an IPCom patent,…

(Cross-border) jurisdiction, FRAND, Litigation, SEP

(Dhenne Avocats)/

For the second time, I will have the pleasure and the Honor of welcoming Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and published in 2006…

France, Infringement, Litigation, Patents, Pharma, Pharmaceutical patent

(Dhenne Avocats)/

Readers of the Blog should remember the French landmark French judgment rendered in September 2020 in the European Pemetrexed saga, which condemned Fresenius to pay € 28 million in damages (see here). This time the action brought by Eli Lilly on French territory concerns the same drug but is directed against another generic commercialized by Zentiva….

(Indirect) infringement, Case Law, Equivalents, evidence, Kluwer Patent Cases, Legislation, Litigation, Patents, Pharma, Pharmaceutical patent, Prior art, Procedure, Scope of protection, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/ /1 Comment

As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal.  The first post on the judgment considered the issues of identifying the skilled person, insufficiency and infringement.  This second part considers the decision relating to…

(Cross-border) jurisdiction, Case Law, CJEU, FRAND, Litigation, Procedure, SEP

(Dhenne Avocats)/ /9 Comments

I have the pleasure and the honor of welcoming today Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and the Prix Cercle Montesquieu in 2007, published in…