News
Legal 500: an overview of patent litigation in the Netherlands
BarentsKrans’ IP & Technology team provided an overview, in the form of an Q&A, of the most important aspects of patent procedures in The Netherlands for Legal 500. The Q&A provides for a view on the main questions about infringement and (un)validity of patents and important procedural information which is in particular relevant in an
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Pharma update | Dutch Court of Appeal: Pemetrexed patent Eli Lilly valid and infringed
In its judgment of 27 October 2020, the Court of Appeal of The Hague found that the generic pemetrexed tromethamine product of Fresenius Kabi Nederland B.V. (“Fresenius”) infringes EP 1 313 508 (‘EP‘508’), held by Eli Lilly and Company (“Lilly”). Yet again a turn of events in Dutch case law, where this issue has been
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Pharma update | AstraZeneca ordered to compensate damage health insurer Menzis for enforcing invalid patent
In a groundbreaking judgment of 14 October 2020, the District Court of The Hague ruled that AstraZeneca AB (‘AstraZeneca’) must compensate health insurer Menzis Zorgverzekeraar NV (‘Menzis’) for having enforced a patent that was later invalidated. AstraZeneca owned European patent EP 0 907 364 (“EP 364”) for a sustained-release (XR) formulation of quetiapine, an active
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Pharma update | NPS’s cinacalcet patent held valid by Court of Appeal
EP ‘761, owned by Shire-NPS Pharmaceuticals Inc. (‘NPS’), relates to the API cinacalcet, which is used for the treatment of conditions of impaired regulation of calcium levels in human blood and tissue fluid. The product is marketed under the name Mimpara®. In September 2017, Accord Healthcare Ltd. and Accord Healthcare B.V. (‘Accord’) initiated invalidity proceedings
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Pharma update – 10 July 2020 | Supreme Court decides on pemetrexed & fulvestrant
In this Update we report on two recent judgments of the Dutch Supreme Court. On 12 June 2020 a judgment was rendered on pemetrexed in the interim relief proceedings between Fresenius Kabi Nederland B.V. (“Fresenius”) and Eli Lilly & Company(“Lilly”). On 26 June 2020, the Supreme Court decided on fulvestrant in final relief proceedings between
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Pharma update – 8 July 2020 | Confidentiality & Proportionality: New patent case law
In this Update we report on a few developments in Dutch telecom patent cases that have a broader bearing, making them also interesting for the pharma industry. On 13 May 2020, the District Court of The Hague rendered judgment about confidentiality in patent infringement proceedings (DTS v. Samsung). Earlier, on 17 March 2020, the The
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IAM Patent 1000 2020: BarentsKrans’ star is rising
IAM has just published the ninth edition of IAM Patent 1000: The World’s Leading Patent Professionals – a guide that identifies the top patent professionals in key jurisdictions around the globe. We are proud to report that recommendations from clients and peers have resulted in BarentsKrans’ IP & Technology team ascending to the silver category
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Telecoms update | District court imposes confidentiality regime in patent infringement proceedings
On 13 May 2020, the District Court of The Hague (“the Court”) rendered a judgment in final relief proceedings between DTS and Samsung regarding the alleged infringement of two of DTS’ European patents. Samsung’s non-infringement defence dealt with security aspects of its mobile devices. Given the sensitive nature of these security aspects, Samsung requested the
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Telecoms update | Sisvel denied PI in SEP infringement proceedings against Xiaomi
By decision of 17 March 2020 (only recently published), The Court of Appeal in The Hague (“CoA”) rejected Sisvel’s claim for a PI in interim relief proceedings against Xiaomi re the alleged infringement of its Standard Essential Patent (“SEP”). The CoA confirmed the earlier decision by the Provisions Judge which denied a PI in interim
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Great results for BarentsKrans in Legal 500 EMEA
The Legal 500 Europe, Middle East and Africa has just announced its rankings for 2020. As in previous years, BarentsKrans is mentioned several times in this leading guide for the international legal profession. And we’re really proud of this! Background to the Legal 500 rankings Each year, Legal 500 analyses the performance of law firms
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