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New Developments on SEP-Related Disputes in China
One of the most controversial issues relating to Standard-Essential Patent (“SEP”) is to determine whether injunctive relief is available to SEP holders. Undoubtedly, in negotiation with a standard...
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Determination of Design Patent Infringement in China
The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v....
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Russian Crash Cushions Crash on Dutch Ex Parte Injunction
Other than ex parte (evidentiary) seizures, ex parte preliminary injunctions are considered a rare phenomenon in the field of patent law in the Netherlands. The burden for obtaining an ex parte...
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China: Supreme People’s Court Provides Guidance on Amendment and...
A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd,...
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Exhaustive list of SPC nullity grounds according to Swiss Federal Patent Court
In a decision issued this summer, the Swiss Federal Patent Court had the opportunity to comment on the catalogue of grounds for invalidity which can be brought against a Swiss SPC. The Federal Patent...
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Will Brexit have an effect on pending litigation?
It seems to be a more and more realistic scenario that the UK may leave the European Union on March 29, 2019 without an agreement. A lot has been written about the effect of such a “hard Brexit” on...
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TQ Delta Injunction
by Elizabeth McAuliffe At a Form of Order hearing on 18 March 2019, Henry Carr J gave a high level ex tempore decision in TQ Delta LLC v ZyXEL Communications Limited et al to grant an injunction, with...
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‘Launch at risk’ – Article 9 (7) of the Enforcement Directive interpreted by...
The injunction gap is a frequently discussed characteristic of those European jurisdictions, Hungary being one such country, whose patent litigation systems are bifurcated. In a preliminary injunction...
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Anan Kasei v Neo Chemicals – Court of Appeal clarifies “uncertainty”...
On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of liability....
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The Dutch Cross-Border Still Going Strong: Novartis v Mylan
In his (or her) younger years at school, a once to be Dutch patent litigator was learned that the Netherlands share a borders with Germany and Belgium. On the geography maps, they seemed to be set in...
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Neurim and Flynn v Mylan – A case put to bed?
On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare...
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Launch at risk concept still is not at risk in Sweden following C-688/17
Introduction A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a patent...
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Changes to the German Patent Act
The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new...
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Meade J finds Interface Circuit patent invalid – reminding parties not to be...
As many readers will already know, two new full-time Patents Judges have been appointed to the English Court in the last 9 months – Meade and Mellor JJ. Despite the challenges that the global pandemic...
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AIPPI Panel Session 10: Anti-suit & anti-anti-suit injunctions
This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row. The tenth panel session of the AIPPI Online World Congress...
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Either/or – must the patentee chose between a PI or a main action in Denmark?
In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action...
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Fingolimod – The Danish Eastern High Court definitively affirms dismissal of...
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...
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πάντα ῥεῖ
Everything flows, and the Dutch cross-border injunction flows like no other. From its source in the The Hague all the way to the cradle of Europe: Greece. So decided the Dutch Courts in the Novartis...
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Status Quo Vadis?
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the...
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What is the fate of evidence already collected during a saisie if the...
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said...
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