In 2008, the English Court of Appeal in Glaxo Group v Genentech ([2008] EWCA Civ 23) gave general guidance on the Patent’s Court discretion to stay legal proceedings on the ground that there are parallel proceedings pending at the European Patent Office concerning the validity of a patent. The “nine step” guidance given by Lord…
The Danish government has now set a date for a referendum to decide on whether or not Denmark is to join the UPC. On 25 May 2014, in connection with elections for the European Parliament, the Danes will be asked to cast their vote on the UPC. For a long time, the Danish government seems…
Ex parte measures are rather difficult to obtain in patent matters in Switzerland (except from evidence-protection measures). Nevertheless, the Swiss Federal Supreme Court had the opportunity to opine on this subject in a recent decision dated 21 August 2013. Although this case will become better known because it was the first time that the first…
and Carissa Kendall-Palmer In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV [2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning smart/chip card technology. The Claimant came to the High Court of England and Wales seeking revocation of the patents; the Defendant counterclaimed…
This Summer we asked for your participation in a poll on the option to bifurcate under the Unified Patent Court (‘UPC’) and the implications this may have for litigation by Non Practicing Entities (‘NPEs’, or for the Lord of the Rings afficionados amongst you: ‘patent trolls’). Studying clinical trials more than often as part of…
Spanish Courts have recently decided two interesting cases that show that patent litigation is not the exclusive realm of big pharma or high tech. Patent litigation extends its tentacles to quotidian cooking tools that we and / or our most significant others use day after day in the kitchen. The first judgment, handed down by…
With its decision of July 25, 2013 (6 U 541/12), the Higher Regional Court Munich confirmed the first-instance decision finding that licenses under the patents of an insolvent company remain valid and enforceable. This case relates to the spinning-off of the stand-alone memory business unit from Infineon AG to the newly established Quimonda AG, and…
by Hetti Hilge The District Court Cologne made some interesting remarks on the requirements of a seizure by the police on a trade show (decision of 6 May 2013, 116 QS 12/13 an, 116 Js 788/12). Under German law, a willful patent infringement constitutes a criminal act so that the public prosecution and the police…
Introduction In my previous post of 2 August 2013 I made passing reference to the recent decision of the English Court of Appeal in the Copaxone litigation. This case was an appeal of the decision of Arnold J (previously reported here) where he found Yeda’s patent valid and infringed. With permission of the court, Mylan…
A long time has already passed since 23 October 2001, when Judge Jacob ordered a preliminary injunction preventing the launch of the first paroxetine generics in England. To cut a long story short, the rationale was that, if there is an obstacle blocking your way into the “garden”, you have to clear the way before…
