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Danish Supreme Court decision on preemptory invalidity in relation to a patent application (Dupont/Danisco v. Novozymes)

We have previously reported (post 28 August 2012) on ongoing litigation in Denmark between DuPont/Danisco and Novozymes resulting at the time in the grant of an interlocutory injunction being firstly granted and then revoked as the patent-in-suit was subsequently invalidated.

In a more recent development, DuPont/Danisco filed suit at the Maritime & Commercial Court (MCC) claiming that Novozymes be ordered to acknowledge that a patent application, when and if ultimately granted, should be held invalid in Denmark.

Novozymes argued, principally, that the action be dismissed and in the alternative that Novozymes be aquitted. The principal plea for dismissal was then made the subject of separate [...]

Can the validity presumption in Danish PI proceedings be weakened due to lacking prosecution steps?

Since July 2013 when the Danish Maritime & Commercial Court (MCC) took over as IPR specialty court in Denmark for PI cases also, the technical judges have taken part in the adjudication of PI patent cases also. Although the MCC has no legal basis to render judgement declaring patents in the course of PI proceedings, the fact that the bench is now made up of one legal judge and two technical judges in practice means that a well-documented invalidity defence may prove fruitful, whereas the invalidity defences in the past were almost invariably turned down by the bailiff’s who presided over patent PI cases due to the court’s lack of technical insight.
In a recent case (F&H A/S v. Bodum (Skandin [...]

Local UPC chamber to be set up in Denmark

On Friday, 21 February 2014, the Danish Government announced its plans to establish a local division of the UPC in Copenhagen if the Danish referendum on Denmark’s accession to the UPC should turn out positive.

The decision is the result of a political agreement with almost all Danish parties represented in parliament and is widely seen as a counter-move to address concerns voiced by parties in opposition to Denmark’s accession to the UPC. Danish UPC sceptics have expressed concerns in relation to Danish SMEs being forced to conduct proceedings in foreign jurisdictions – not just as plaintiffs, but – perhaps more importantly – as defendants (which, by far, would appear to the role in whi [...]

Danes forced to have have referendum on UPC

As readers of this blog may recall, the Danish government has for some time attempted to persuade a 5/6 majoirity of the Danish parliament to agree to cast the vote in favour of Danish accession to the UPC.

Two political parties represented in the Danish parliament have, however, remained staunch opponents of Denmark joining the UPC – the Danish People’s Party (right wing) and the Unity List (left wing).

Both made up of outspoken EU-sceptics, they have opposed Danish accession for somewhat different – and in some cases also differing – reasons and the Danish government appears both to have tried to address the concerns raised as well as to secure the necessary 5/6 majority through negotiatio [...]

Information cannot constitute a patentable, technical feature – a recent Danish decision on waste paper bags

In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the usability of the object.

The case T-66-07, Svenco Papperssäcker AB v. Segezha Packaging A/S, Svenco had filed suit claiming infringement of its Danish patent DK 175 996D1 claiming that Segezha had infringed this patent by marketing wastepaper bags with an inside line marking the maximum content of the wastepaper bag.

Segezha, on the other hand, entered a plea of invalidity of the patent-in-suit.

Against this background, the parties requested that the court-appointed experts of its own – as is usual in D [...]

Finally a reform of the Danish IPR enforcement is to be expected

As any practitioner who has come in contact with the Danish legal system in connection with disputes concerning IPR will know, until now, the complexities quite often involved in such cases have often proven difficult for Danish courts, especially enforcement courts, to handle.

Consequently, it has for many years been a focal point of IPR advisors that the Danish court system, and especially the enforcement system, be reformed to address the lack of expertise on the bench.

The Danish Secretary of Justice has now, on 1 November 2012, presented a bill to the Danish parliament in order to address these issues and modernise the Danish enforcement court system.

If passed, the enforcement court sy [...]

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