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.
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….
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…
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…
On 30 July 2012, Commercial Court number 5 of Barcelona handed down an interesting decision that has brought again to the fore the legality of so-called “preparatory acts” (in particular, obtaining marketing authorisation and price). The facts of the case may be summarised as follows: Merck Sharpe & Dohme (“MSD”) owns a Supplementary Protection Certificate…
The Court of Justice ruled that claims against different companies located in different Member States marketing the same product regarding infringement of a a European patent in one jurisdiction were so closely connected that they may be decided jointly to prevent irreconcilable judgments in the sense of Art. 6(1) EC 44/2001. In the present circumstances,…
On August 16, 2012, just four weeks after it heard oral arguments, the U.S. Court of Appeals for the Federal Circuit issued its second decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCAI case). Once again, all judges on the three-judge panel agree that the diagnostic method claims based on “comparing”…
The Polish Supreme Administrative Court invalidated a decision of the Polish Patent Office in which it refused to grant a patent for an invention related to digital electronics. The court held that the patentability requirements under Polish patent law, including the technical character of an invention, correspond to the patentability requirements specified in the European…
The Supreme Administrative Court stated that the patentability requirements used by the Polish Patent Office should be construed in compliance with the patentability requirements provided in the European Patent Convention (EPC), and held that the technical character of a computer implemented invention should be examined by applying a liberal interpretation of the patentability requirements adopted…
The District Court of Turin rejected Merck’s requests for a preliminary injunction, finding lack of inventive step of the claimed co-formulation of dorzolamid and timolol based on a prima facie assessment following the problem solution approach of the EPO Boards of Appeal. Click here for the full text of this case. A summary of this…
