Case Law

(Indirect) infringement, Case Law, Extent of Protection, Infringement, Litigation, Netherlands, Pharma, Pharmaceutical patent

(Brinkhof)/ /16 Comments

Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly’s ‘pemetrexed disodium’ patent with a generic product that does not contain pemetrexed disodium, not even by equivalence. The basic facts of the widespread…

Case Law, Germany

(Hoffmann Eitle)/

The Federal Court of Justice held that introducing only selected features of an example into a claim is allowable if the resulting combination in the claimed generality is derivable from the application as originally filed. Further, a general incentive from the prior art does not render the specific embodiment of an invention obvious. Case date:…

Case Law, Inventive step, Netherlands

(Hoffmann Eitle)/

Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the outcome in the present case. Case date: 28 May 2019 Case number: 200.222.873/01 Court: Court of Appeal of The Hague A full…

Case Law, Netherlands

(Hoffmann Eitle)/

The Court held that the CJEU decision in the Bericarp case, where it was decided that for invalidity procedures no reimbursement of full litigation costs applies, did apply to invalidity proceedings if these did not contain an enforcement procedure. Case number: 26 March 2019 Case date: 200.230.424/01C/09/509050 / HA ZA 16-435 Court: Court of Appeal of…

Case Law, Infringement

(Theodoulou)/

The Court held that the defendant had infringed the claimant’s patent for the removal of suspended particles and removal of boron from the polluted waters, through its installation of recycling systems of semi-clean (grey) water in several premises and had failed to compensate the claimant financially for the use without his consent. Case date: 25…

Case Law, United States of America

(Ropes & Gray LLP) and (Ropes & Gray)/ /3 Comments

Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in the United States have started exploring other constitutional challenges to these PTAB proceedings.  Some patent owners have said that the PTAB violated their due…

Case Law, Equivalents, Infringement, Inventive step, Kluwer Patent Cases, Litigation, Patents, Prior art, Prior use right, Revocation, United Kingdom, Validity

(Bristows)/ /2 Comments

A further interesting decision handed down by the Judges of the English Patents Court prior to the Easter break was a judgment from Nugee J concerning proceedings between E. Mishan and Hozelock relating to a UK patent and European patent, both entitled “Expandable Hose Assembly”. E. Mishan (trading as Emson) claimed that Hozelock’s expandable garden…