Infringement

162 articles available

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 so-called proportionality defense according to Sec. 139(1) clause 3 (hereinafter simply "proportionality defense") is one of the newest provisions of the German Patent Act. It has only been…

On 24 August 2022, Nicholas Caddick QC (sitting as a Deputy High Court Judge in the Intellectual Property Enterprise Court) handed down his decision in Vernacare Limited v Moulded Fibre Products…

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…

On 4 August 2022, the English Patents court handed down its decision in Shenzhen Carku Technology Co., Ltd v The NOCO Company, a case on battery-powered car jump starters. The decision of Mr Justice…

Introduction In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…

As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…

Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…

This post perhaps is a bit off topic since it concerns parallel imports and trademark rights. Nevertheless it could be interesting for the readers since it relates to the the pharma industry…