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Mollusc patent litigation: going back in time

For those who thought that patent litigation was only relevant for big pharma or cutting-edge telecom devices, it may be of interest to learn about a relatively recent judgment from the Court of Appeal of A Coruña that has resolved a fierce dispute around patents protecting mollusc cleaning machines. A Coruña is one of the main cities on the coast of Galicia, one of the gastronomic paradises of European seafood lovers. So it is not surprising that the dispute revolved around four machines that the defendant had acquired for the purpose of cleaning molluscs.

In its judgment of 11 September 2014, the Court of Appeal of A Coruña dismissed the appeal filed by the owner of two patents that pro [...]

Counterfeit remains seized despite expiration of patent, decides Antwerp Judge

Article 7 of the IP Enforcement Directive (measures for preserving evidence) was implemented in Belgium in Article 1369bis/1 et seq. of the Belgian Judicial Code. These ex parte proceedings, called (counterfeit) search and seizure proceedings, allow the competent Belgian court to grant the holder of an intellectual property right not only descriptive measures, but also conservatory seizure measures to safeguard the intellectual property rights that are at stake, pending the outcome of the proceedings on the merits. This is a powerful weapon as a stock can be ‘frozen’ and market launch prevented.  

In 2008, Ajinomoto, the Japanese producer of animal food and feed, executed a search and [...]

Norway: Teva Norway AS v. Astrazeneca Ab, District Court of Olso, 13-189803TVI-OTIR/04, 27 June 2014

The Oslo District Court held that the expired Norwegian patent 306452 (“452 Patent”) was invalid due to lack of inventive step, which implied that its supplementary protection certificate SPC014 was invalid as well. The court also found the 176 Patent invalid.

A full summary of this case has been published on Kluwer IP Law.

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“Bolar provision” in Ukraine: fiction or reality?

Ukraine has always been the subject of interest of innovators and generic manufacturers trying to maximize profits from selling their medicines, and ordinary consumers who just want to recover from any diseases.

Being a developing country 1 Ukraine should make every effort just to provide people with quality drugs at reasonable prices. In such a situation generic medicines could help to reach this aim. In order to achieve a balance between the interests of patent holders and public interests a lot of states inserted patent exemptions into national pharmaceutical legislation.

Among the prevailing patent exemptions is the “Bolar provision”. Its context may vary in different states. The key [...]

US: Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Please click here to find US patent cases from the the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case.

Recently added from our US IP Law Daily service:

Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Collateral estoppel invalidated a jury’s finding that Victoria’s Secret Direct Brand Management and Avon Products infringed five claims of two “sales system” patents owned by Soverain Software, the U.S. Court of Appeals for the Federal Circuit has ruled (Soverain Software LLC v. V [...]

Unified Patent Courts will hardly bifurcate proceedings

aktuelles FotoThe possibility to bifurcate proceedings is a concern to many potential users of the future Unified Patent Court (UPC). Proceedings in Germany, in which infringement decisions may be rendered long before a judgment is given on the validity of a patent, serve as an alarming example. Moreover, bifurcation is said to be attractive to patent trolls. However, Dr. Matthias Zigann, presiding judge of a patent division of the Munich Regional Court I, explains that the Rules of Procedure (RoP) at the UPC are very different from German law. At the Unitary Patent Package Congress in Amsterdam last week, he told Kluwer IP Law that he expects bifurcation to happen rarely.

Dr. Zigann is also remarkably o [...]

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