Enforcement, European Union

(Hoffmann Eitle)/

On 3 July 2012, the European Parliament adopted the Commission’s proposal for a new Regulation on “Customs Enforcement of Intellectual Property” (COM(2011)0285) at first reading. The document P7_TA(2012)0272, which proposes many amendments, is the provisional position of the EP subject to further negotiations. Between October and November 2012, representatives of the Commission, the Council and…

Amendments, Case Law, EPC, Procedure

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Since Rule 140 EPC is not available to correct the text of a patent, a patent proprietor’s request for such a correction is inadmissible whenever made, including after the initiation of opposition proceedings. Click here  for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com

EPO

(Bugge Valentin)/

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case. The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests…

Procedure, Switzerland

(MLL Legal Ltd.)/

In a decision dated 14 June 2012, the Swiss Federal Patent Court granted a patent holder’s request for preliminary taking of evidence by means of the creation of a precise description of an allegedly infringing process. The Patent Court ordered that the description shall be carried out at defendant’s premises by a technically trained judge…

Chemical Engineering, Enforcement, Germany, Injunction, Poland

(Hoffmann Eitle)/

The Regional Court in Dusseldorf and the Polish Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity and that a third party’s manufacturing and selling to the testing entity is not exempted.

European Union, France, Injunction, Procedure, SPC

(Véron & Associés)/

On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s paediatric extension (Regulation (EC) No. 1901/2006) and the preliminary injunction as organized by Article L. 615-3 (implementing Article 9 of Directive (EC) No. 2004/48) of the French Intellectual Property Code. The US company E.I….

Denmark, Procedure, Validity

(Bugge Valentin)/

The pan-European litigation between Danish companies Danisco A/S (today a part of DuPont) and Novozymes A/S has been extensively reported in posts on this blog (12/08/2011; 21/09/2011; 10/01/2012; 09/07/2012; 03/08/2012). The litigation has involved Novozymes’ European Patent EP 1 804 592 B1 on the manufacture of certain enzyme-containing animal food pellets. In a decision announced…

Biologics, Inventive step, Italy, Validity

(Trevisan & Cuonzo)/

By ruling of 10 July 2012, the Court of Turin decided in the first instance an infringement action filed by Italian company Novamont against German and French companies Biotec and Biosphère, for the alleged infringement of three Novamont patents concerning starch based plastic materials used in the production of biodegradable shoppers. The Court denied the…