(Cross-border) jurisdiction, (Indirect) infringement, Equivalents, Injunction, Inventive step, Netherlands, Scope of protection

(Brinkhof)/

Before diving into this year’s Oktoberfest with the Munich IP community, colleague contributor Thorsten Bausch summarized the German Federal Court of Justice’s case law of Summer 2014. As the days of raising beer mugs and polka dancing come to an end in Munich, so does the Dutch Summer (finally). Time for an overview of what…

Spain

(Clifford Chance)/

On 12 September 2014, the Barcelona Court of Appeal (Section 15) handed down a decision confirming a preliminary injunction preventing a Spanish company from marketing capsules claimed to be compatible with what is known as the Nespresso® system, which raises a handful of interesting legal points. The first point of interest discussed was whether or…

Belgium, Validity

(Crowell & Moring)/

As already described in a previous blog entry the Belgian Supreme Court nullified a decision of the Antwerp Court of Appeal granting a descriptive seizure (“beschrijvend beslag”; “saisie-description”) on the presumption of validity of (European) patents.  The written decision of the Supreme Court is now available (link).  The Supreme Court has followed the advice of…

Entitlement, Germany

(Hoffmann Eitle)/

In its decision of 7 August 2014 (docket no. I-2 U 91/13 – ‘Garage Roller Door’), the Higher Regional Court Dusseldorf granted a non-using patent co-owner a right to compensation from the other co-owner that uses the patent and profits from this use. The parties are competitors in the field of manufacturing and selling garage…

Denmark

(Bugge Valentin)/

The Danish Maritime & Commercial Court recently granted an interlocutory injunction in a patent dispute relating to 2nd medical use claims (Novartis v. Orifarm Generics case A-0006-14)). The Novartis patent claim language included a specification for a TTS (transdermal therapeutic system) for administering Rivastigmine in the treatment of Alzheimers: “Rivastigmine for use in a method…

Belgium, Validity

(Crowell & Moring)/

 1.         Introduction Preliminary injunction (“PI”) and seizure proceedings are powerful weapons in the hands of patentees in Belgium. Often, the success of a product launch and the outcome of a patent dispute will in practice be determined by a PI or seizure that prevents or ceases market entry by the alleged infringer.  In the context of…

EPO

(Clifford Chance)/

As readers well know, over the years many patent offices around the world have opened the door to the patentability of so-called “second medical uses” to foster research on possible solutions to unmet medical needs based on the use of already known compounds. Although the most developed patent offices such as the European Patent Office…