Denmark, Enforcement, Generics, Infringement, Injunction, Litigation, Patents, Pharma, Pharmaceutical patent, Utility model

(Bugge Valentin)/ /4 Comments

In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on the European patent application 2 959 894. In its decision, the Court firmly stated that a preliminary injunction can only be issued based…

European Union, Unitary Patent, UPC

/ /9 Comments

Mr Klaus Grabinski from Germany, as President of the Court of Appeal, and Ms Florence Butin from France, as President of the Court of First Instance, will lead the Unified Patent Court. This has been announced by the Court. ‘The Presidium will completed by two judges from the Court of Appeal: Ms Rian Kalden (NL)…

Damages, Spain

(Clifford Chance)/

As readers are well aware, Directive 2004/48 EC (known as the “Enforcement Directive”), stemming from Part III of the TRIPS Agreement, was meant to introduce a minimum level of intellectual property protection throughout the European Union. For example, article 13 establishes that Member States must guarantee that judicial authorities can order the party found to…

Case Law, Damages, Litigation, Patents, United Kingdom

(Bristows)/

Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”).  Damages inquiries are rare in the UK so this judgment from Charlotte May KC (sitting as a Deputy High Court Judge),…

Case Law, European Union, Portugal, Unitary Patent, UPC

(VdA Vieira de Almeida firm)/ /7 Comments

Although the Agreement on a Unified Patent Court (AUPC) cannot be considered Union (EU) Law, it is couched in the wording of EU legal acts seeking to create “unitary patent protection” as part of “enhanced cooperation” between Member States enshrined in Articles 326 et seq. of the Treaty on the Functioning of the European Union…

European Union, SPC

(European Patent Attorney | Director IP at Adalvo)/

Just over 2 years after the SPC waiver Regulation (EU) 2019/933 (amending the Regulation (EC) No 469/2009) entered into force (1 July 2019), and only a few months after the end of the transitional provisions for application of the SPC waiver under Art. 5(10) of the Regulation (2 July 2022), I have decided to follow…

European Union, Unitary Patent, UPC

/ /18 Comments

The Unified Patent Court will finally become a reality, open its doors and start to receive cases from 1 April 2023. This is announced in the implementation roadmap, which was published yesterday by the UPC preparatory team and depicts all the key activities and milestones of the UPC in the coming months. The roadmap also…