IT – Italian Supreme Court rules on the Latanoprost case
European Patent Lawyers Association Blog
by Annette Hirschfeld
5d ago
Introduction On 2 January, the Italian Supreme Court put an end to the ‘latanoprost saga’ by rejecting Pfizer Italia S.r.l. (“Pfizer”)’s appeal against the Rome Court of Appeal decision ordering Pfizer to pay the Ministry of Health and the Ministry of Economy and Finance (jointly, “Italian Government”) EUR 13,360,464 as compensation for damage caused by abuse of a dominant position. The entire summary (in English) can be read here. The judgment (in Italian) can be read here. Headnote and Summary: Giovanni Guglielmetti and Giulia Pasqualetto, Bonelli Erede ..read more
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UPC – Plant-e Knowledge v. Arkyne Technologies
European Patent Lawyers Association Blog
by Annette Hirschfeld
1w ago
Plant-e Knowledge B.V., Plant-e B.V. v Arkyne Technologies S.L., UPC Court of First Instance, The Hague Local Division – 4 March 2024, UPC_CFI_239/2023 and ACT_549536/2023 and CC_588768/2023 On 4 March 2024, the Hague Local Division of the UPC issued an order relating to Plant-e’s application under Rule 262A RoP for a confidentiality order covering financial information provided with their reply to an application by Arkyne Technologies (“Bioo”) under Rule 158 RoP for security for costs in the main proceedings. In their reply to Bioo’s Rule 158 application, Plant-e had provided redacted and unr ..read more
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UPC – Sanofi v. Amgen, Regeneron (combined cases)
European Patent Lawyers Association Blog
by Annette Hirschfeld
1w ago
Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe & Sanofi Winthrop Industrie S.A. v. Amgen, Inc. and Regeneron Pharmaceuticals Inc. v. Amgen, Inc. Court of First Instance, Central Division (Munich Section) – 27 February 2024, and UPC_CFI_14/2023, Actions ACT_459505/2023 and CC_586764/2023 This decision was an Order of the judge-rapporteur András Kupecz relating to procedural matters. As readers may be aware, the Sanofi Claimants brought a revocation action against Amgen in the Central Division on 1 June 2023. On the same date, Amgen filed an infringement action in the Munich Local Di ..read more
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UPC – NanoString Technologies v. 10x Genomics and President and Fellows of Harvard College
European Patent Lawyers Association Blog
by Annette Hirschfeld
2w ago
NanoString Technologies Inc et al. v. 10x Genomics, Inc. and President and Fellows of Harvard College, Order of the Court of Appeal of the Unified Patent Court, 11 March 2024, Case no. UPC_CoA_335/2023 Correction of ´obvious slip´ in the order of 26 February 2024 `With regard to an obvious slip in Headnote 2, paragraph 3 and in accordance with the reasons of the order of 26 February 2024, Headnote 2 of the order is rectified as follows after having heard the parties: “2. The patent claim is not only the starting point, but the decisive basis for determining the protective scope of a European p ..read more
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UPC – NanoString v. 10x Genomics: UPC Court of Appeal’s first substantive decision overturns NanoString preliminary injunction due to doubts over validity
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
NanoString Technologies, Inc, NanoString Technologies Germany GmbH & NanoString Technologies Netherlands B.V. v. 10x Genomics, Inc & President and Fellows of Harvard College – Court of Appeal – Luxembourg, 26 February 2024, Case no. UPC_CoA_335/2023 App_576355/2023, by Sarah Taylor and Julia Traumann, Pinsent Masons The Unified Patent Court (‘UPC’) Court of Appeal has overturned an earlier decision of the Munich Local Division that had awarded a preliminary injunction (‘PI’) to 10x Genomics in its dispute with NanoString Technologies. The Court of Appeal considered it more likely than ..read more
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EPLAW – Young EPLAW Congress: Registration now open
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
The Young EPLAW Congress is to be held on 29 April 2024 in The Hotel, Brussels. EPLAW members have received a link which they can forward to their eligible associates. An informal reception will take place on 28 April from 7 to 11pm in The Merode, which is walking distance from the venue. A limited number of rooms have been reserved at a discounted price in The Hotel. The reservation link can be found in the registration form. The full program will be available approximately one month before the event. The Young EPLAW Congress is an event for lawyer associates of current EPLAW members, who are ..read more
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UPC – Plant-e Knowledge v. Arkyne Technologies / The Hague Local Division takes pragmatic approach to bifurcation
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
Plant-e Knowledge v Arkyne Technologies – The Hague Local Division takes pragmatic approach to bifurcation by Sarah Taylor, Pinsent Masons Plant-e Knowledge B.V & Plant-e B.V. v Arkyne Technologies S.L – Court of First Instance – The Hague (NL) Local Division, 15 February 2024, Case no. UPC_CFI_239/2023 A topic often discussed prior to the UPC’s opening was the prospect that local and regional divisions may elect to bifurcate proceedings where a revocation counterclaim was filed to an infringement action, and how this may impact timing of decisions and harmonisation of laws. So far, howeve ..read more
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NL – Dutch Trading Office v. CNC Grondstoffen
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
Dutch Trading Office B.V. v. CNC Grondstoffen B.V., District Court The Hague, The Netherlands, 23 October 2023, Case no. ECLI:NL:RBDHA:2023:15621 Method of transporting mushroom compost. No infringement: “Placing blocks on pallets in this manner does not meet the characteristics that stacked compost blocks are supported by spacer(s), providing rows and columns of stacked blocks, leaving a vertical space between those stacked blocks for ventilation, adapted to regulate temperature, carbon dioxide content, and/or humidity (characteristics d), e), and g))” The judgment (in Dutch) can be read here ..read more
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​​EPO – Guidelines 2024 / consultation
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
The EPO recently published the updated Guidelines 2024, which enter into force on 1 March. Users are invited to comment on them by 2 April and are encouraged to take a small survey on the annual revision process included in the consultation. The Guidelines and more information on the consultation can be found here.   ..read more
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UPC – Dexcom v. Abbott Laboratories et al.
European Patent Lawyers Association Blog
by Annette Hirschfeld
1M ago
Dexcom, Inc. v. Abbott Laboratories, Abbott Diabetes Care inc, Abbott France, Abbott NV/SA, Abbott B.V, Abbott S.r.l, Abbott Scandinavia Aktiebolag, Abbott GmbH, Abbott Diagnostics GmbH, Abbott Logistics B.V, Court of First Instance – Paris (FR) Local Division, 30 January 2024, Case no. UPC_CFI_230/2023 Review by the panel pursuant to R. 333 RoP. Request to harmonise the maximum fine amount in case of a breach of confidentiality between parallel proceedings concerning the same protected confidential information. The request to review the Confidentiality order (point 6) of 19 November 2023 is d ..read more
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