Background The subject CJEU referral stems from an action brought before the Swedish national court by BSH Hausgeräte GmbH (‘BSH’) against Electrolux AB (‘Electrolux’) seeking an injunction and damages with respect to the unlawful use of their invention protected by...
Background The decision (UPC CFI 355/2023) of the UPC’s Düsseldorf Local Division relates to European patent EP 3594009, owned by Fujifilm. The patent was validated and remained in force in both Germany and the United Kingdom. Fujifilm initiated an infringement action...
Article 84 EPC seems clear in stating that “the claims shall define the matter for which protection is sought”. More recently, the Unified Patent Court (UPC) on the face of it appears to concur. UPC Court of Appeal decision 335/2023 states “The Patent Claim is not...
The main issue was whether the lis pendens rules in Articles 29–31 of the Brussels I Regulation (Regulation (EU) No 1215/2012, recast) apply to determine the relationship between the German revocation and UPC revocation proceedings. Mala argued these rules should...
The matter started when Amgen sued various Sanofi companies and Regeneron for patent infringement of their EP3666797 patent. The patent claims an antibody that binds to the catalytic domain of a PCSK9 protein and its use in treating or preventing...
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