Infringement

A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed…

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,…

A nullity action is still admissible after expiration of the patent if it provides the nullity plaintiff, who had been unsuccessful as defendant in infringement proceedings, the possibility of…

… that is the question in recent ‘Dutch discovery’ proceedings in a patent dispute between beer giants Anheuser-Busch Inbev (‘ABI’) and Heineken. Well, sort of: the legal question was if ABI would be…

The Constitutional Court held that the 30-day period to initiate mandatory arbitration proceedings against applicants for authorization to introduce generic medicines onto the market is a final (or…

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…

The Finnish Supreme Court resolved in February 2019 on the matter of whether or not the preconditions for precautionary measures were at hand in a patent law infringement case. Firstly, the Court…

The German Federal Supreme Court has decided on what is necessary to establish a legal interest in a declaratory judgment of non-infringement under German law. The Supreme Court’s decision, which we…

On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB's sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018,…