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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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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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Everolimus breast cancer use patent considered valid in preliminary...
On 9 July 2021, the Court of Milan issued a preliminary injunction (PI) prohibiting a generic company from selling everolimus for use in combination with an aromatase inhibitor in the treatment of...
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NL – Cross-border Jurisdiction in FRAND and Anti-Anti-Suit Injunction...
In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on...
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Skinny label insufficient for avoiding infringement of second medical use...
In another chapter of the enforcement of Novartis’ patents concerning the second and further uses of everolimus for the treatment of several solid tumors (a first post can be viewed here), the Court of...
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A preliminary injunction can be based on a patent application
In a decision of 3 June 2022, opposing NOVARTIS and BIOGARAN, the Tribunal Judiciaire de Paris accepted the admissibility of a request for provisional measures based on a European patent application....
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New Patent Bill for Brazil
On July 14, a Brazilian Congressman Mr. Alexis Fonteyne presented a Patent Bill proposing key amendments to the Patent Statute (Law No. 9,279 of 1996). The proposal represents an important development...
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Biotechnology/pharma patent litigation in Brazil: an update on preliminary...
The Brazilian pharmaceutical market is growing fast and is expected to become the fifth largest in the world by the next decade. While the country struggles to recover from economic downturn, the...
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Patent case: Longi (Netherlands) Trading B.V. vs. Hanwha Solutions...
Longi and Hanwha have fought several (preliminary) court cases, which eventually resulted in a (cross-border) injunction. An ancillary claim that was approved was a recall of infringing products. Longi...
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OPPO’s New FRAND Order: “You got your injunction? Well, I quit” (French...
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented...
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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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How To Avoid Jurisdictional Clashes On Standard Essential Patents – A Short...
The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global...
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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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Patent case: Nokia Solutions and Networks OY vs. Oleading B.V. and Reflection...
In the next chapter in the FRAND-related battle between Nokia and Oppo, Nokia tried to obtain an injunction in relation to Oppo’s sales through Oleading and Reflection. The provisions judge, however,...
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Preliminary injunctions – a view from Young EPLAW
June 2023 has just passed, and the newly minted Unified Patent Court is of course still on everyone’s lips. But, of course, there are many reasons why the novel court system might not be the perfect...
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Injunctions granted in Denmark in Fingolimod-cases
As with many other jurisdictions the fight over Novartis’ contested Fingolimod-patent (EP 2 959 894) (the “patent-in-suit”) is raging on in Denmark. Two recent cases from June and July yielded...
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First developments at the Unified Patent Court
The first two substantive public hearings of the Unified Patent Court will be held next month at the local division in Munich about applications for provisional measures. The hearings, on 5 (and if...
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Helsinki division Unified Patent Court clarifies (reversal of) opt-out provision
The Helsinki division of the Unified Patent Court rejected an injunction request by AIM Sport against Supponor, because the reversal of the opt-out of the patent in dispute was deemed in contradiction...
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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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AIPPI World Congress Istanbul – UPC Mock Trial
On the last day of the AIPPI World Congress in Istanbul, a packed-out room of attendees was treated to a UPC mock trial. The illustrious judging panel featured three UPC judges, with Edger Brinkman as...
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