Anna Hedberg
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v.Viatris Santé
This order from the Court of Appeal addresses a request under Rule 262.2 of the Rules of Procedure concerning the confidentiality of information in written pleadings or evidence. The Court clarified that only Rule 262A RoP permits restricting the opposing party's use of confidential information, and that a Rule 262.2 request does not automatically grant provisional protection against disclosure. The Court further explained the proper procedure for confidentiality orders, including the requirement to file a simultaneous Rule 262A application when lodging confidential documents, and noted that documents uploaded under HC code without a legal basis will routinely be reclassified to M code to ensure access by the other parties.
Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerned provisional measures in a patent infringement dispute over European Patent EP 2 152 073 relating to herbicidal compositions. The Court of Appeal of the Unified Patent Court largely upheld the Munich Local Division's order finding that Sumi Agro's 'Kagura' herbicide more likely than not infringed the patent, while adding Romania to the territorial scope and reversing the cost decision to order Sumi Agro to bear Syngenta's costs.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
The Court of Appeal of the Unified Patent Court rejected Alexion Pharmaceuticals' appeal against the dismissal of its application for provisional measures against Samsung Bioepis concerning European Patent EP 3 167 888 B1 for a C5-binding antibody (eculizumab) used to treat paroxysmal nocturnal hemoglobinuria. The court held that the patent's claim 2 could not be corrected by interpretation to remove 22 extra amino acids at the N-terminus of SEQ ID NO:4, as the existence of the error and the precise correction were not sufficiently certain to the person skilled in the art. Consequently, the court found it more likely than not that claim 2 was insufficiently disclosed under Art. 83 EPC, and ordered Alexion to bear the costs of the appeal proceedings.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company, Amgen N.V., Amgen GmbH, Amgen AB, Amgen S.A.S., Amgen s.r.l., Amgen Biofarmacêutica Lda., Amgen Zdravila D.O.O.
Alexion Pharmaceuticals, the proprietor of European Patent 3 167 888 B1 relating to the antibody eculizumab for treating paroxysmal nocturnal hemoglobinuria, sought provisional measures against Amgen, which markets BEKEMV®, a biosimilar of Soliris®. The Court of First Instance (Hamburg Local Division) dismissed Alexion's application, and Alexion appealed. The Court of Appeal rejected the appeal, holding that the patent's SEQ ID NO:4 sequence must be interpreted as including 22 extra amino acids at the N-terminus, and that Alexion had failed to demonstrate with sufficient certainty that the skilled person would correct this as an error, rendering the patent claim more likely than not insufficiently disclosed under Art. 83 EPC.
Sumi Agro Limited; Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerns a challenge by Sumi Agro against an order of the Local Division Munich that granted provisional measures against Sumi Agro in relation to European Patent EP 2 152 073. Sumi Agro submitted new facts and evidence in the appeal proceedings, and Syngenta objected to the admission of certain evidence while also seeking to introduce its own new evidence. The Court of Appeal disregarded Exhibit SA17 because Sumi Agro had previously submitted other pages from the same publication before the Court of First Instance, but admitted evidence relating to a possible new version of the contested embodiment (Kagura 2024) following the alleged infringer's statements about a product ingredient change.
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