On Friday 13 March 2020, Birss J handed down a pair of judgments in the litigation between Evalve (a member of the Abbott group of companies) and Edwards Lifesciences, a veteran of UK patent…
The provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to…
In its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’…
In most legal systems, preliminary injunctions in patent matters require the applicant to show that he would suffer an irreparable disadvantage without the approval of the requested preliminary…
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…
Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for…
While the numerous recent court decisions may suggest so, the ‘F’ in FRAND does not stand for ‘Fashionable’. The reader of this blog, well-informed in patent matters, will know by heart what this…
The Court of Appeal, overturning Birss J’s decision, decided that in the case of TQ Delta v ZyXEL, the answer was no.
The facts of the case leading to this decision are somewhat unusual. TQ Delta…
A judgment from Henry Carr J refusing an interim injunction to Abbott against Edwards Lifesciences was released to the public on 24 May 2019. The application related to Edwards' PASCAL medical device…
