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
The Court of Appeal of the Unified Patent Court declined to decide at that stage on Merz's request to keep a newly submitted piece of evidence (Exhibit 823) confidential from public access under Article 58 UPCA and R. 262.2 RoP. Merz had uploaded the exhibit under the HC (highly confidential) code without filing a simultaneous application for a confidentiality order under R. 262A RoP. The Court held that R. 262.2 RoP requests concern future public access requests, not restrictions on disclosure to the opposing party, and that uploading under HC code without a R. 262A RoP application lacks legal basis.
Sumi Agro Limited and 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 and Sumi Agro Europe Limited v.Syngenta Limited
This is an appeal before the Court of Appeal concerning the admission of new evidence in proceedings related to provisional measures ordered by the Local Division Munich regarding patent EP 2 152 073. The Court of Appeal disregarded Sumi Agro's Exhibit SA17 (an excerpt from a book already partially submitted in first instance) and Syngenta's conditional counter-exhibits FF28-29, but admitted Syngenta's Exhibits FF24-27 relating to the purchase and analysis of a potentially different version of the contested Kagura product (Kagura 2024).
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