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Judicial Court of Paris halts SPC battle between MSD and generics




In France, MSD is currently battling against Mylan, Sandoz, Teva, Biogaran and EG Labo. Recently, the Judicial Court of Paris issued four decisions. For now, the battle between MSD and the generics companies is on hold.

All patent disputes are based on the national SPC for basic patent EP 07 20 599. The SPC protects the combination of ezetimib and simvastatin, on which MSD’s cholesterol-lowering drug Inegy is based.

Meanwhile the SPC (FR05C0040) has expired. The dispute, therefore, focus mainly on the question of damages.

First instance wins/second instance loss

While the first instance Judicial Court of Paris found the SPC valid in several cases, the Court of Appeal came to a different conclusion. It declared the SPC null, such as in the cases MSD against Mylan (case ID: 19/06114), and MSD against Teva (case ID: 18/23642).

Only in MSD against Biogaran did the first- and second-instance courts come to the same conclusion. Here, both courts declared the SPC invalid, subsequently rejecting the originator’s motion for a preliminary injunction.

Meanwhile, Sandoz and EG Labo, the French subsidiary of Stada Group, had stopped marketing their generics until the SPC expired. This followed the first instance ruling of the Judicial Court at the beginning of 2019, which declared the SPC valid.

Judicial Court of Paris for damages

In the cases against Mylan and Teva, MSD appealed the decisions of the Court of Appeal that nullified the SPC. Now these cases are pending before the Supreme Court.

At the Judicial Court of Paris, the parties are fighting parallel over possible damages. In the disputes against Mylan, Sandoz, Biogaran and EG Labo, the first instance court ordered a stay of the proceedings pending the Supreme Court decision with regards to the validity of the SPC.

Trade secrets kept secret

The 3rd chamber, which deals with IP disputes, not only decided to stay the proceedings. Furthermore, in the proceedings against Sandoz and Mylan, the judges also ordered MSD to destroy the documentation communicated following previous procedural judge’s orders.

It also prohibited the innovator to use these documents, to ensure the party cannot use the documentation in foreign proceedings in the future.

Previously, Biogaran had already successfully fought off a demand from MSD, to produce confidential information. In spring 2020, the Judicial Court of Paris ordered Biogaran to disclose information relating to producers, distributors and importers of its products, as well as the amount and the prices of commercialised products (case ID: 17/17048).

Biogaran appealed this decision. In a ruling from 2 March 2021, the Court of Appeal overturned the order of the pre-trial judge from 2020. It rejected MSD’s claims for disclosure of confidential information by Biogaran. The second-instance judges found that the requested information fell under the scope of trade secrets.

Battle between long-standing advisors

In all cases, MSD relied on Allen & Overy partner Laetitia Bénard, who is known for pharma litigation.

Mylan and Sandoz both counted on Denis Schertenleib, who is regularly active in pharma litigation on the side of generic companies.

Biogaran is a regular client for mixed firm Casalonga. Biogaran not only relies on the team’s litigators in such disputes, but also hires its renowned patent attorneys for EPO filing and oppositions.

August & Debouzy represented Teva in the dispute with MSD. Partners Grégoire Desrousseaux and Francois Pochart led the team, which has long-advised its regular client in the French part of complex pan-European proceedings. This includes against Novartis in the dispute over immunosuppressant everolimus.

For MSD (all cases)
Allen & Overy (Paris): Laetitia Bénard

For Mylan (case ID 17/14664) and Sandoz (case ID 19/02893)
Schertenleib Avocats (Paris): Denis Schertenleib, Ombeline Degrèze-Péchade

For Biogaran (case ID 17/17048)
Casalonga (Paris): Marianne Gabriel

For EG Labo (19/02892)
BCTG Avocats (Paris): Gaëlle Bloret-Pucci

Judicial Court of Paris, 3rd chamber
Nathalie Sabotier (presiding judge – case ID 17/17048 )
Gilles Buffet (presiding judge – case ID 17/14664)
Carine Gillet (presiding judge – case ID 19/02893 an 19/02892)

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9000+ Trademarks Registered this Week, Increase of 69% in Trademark Examination this Week




9000+ Trademarks Registered this Week, Increase of 69% in Trademark Examination this Week


9000+ trademarks registered this week, Increase of 69 percent in total trademark applications examined. A total of 9634 applications have been granted registration. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.


There has been an overall increase in the working capacity of the Trademark Registry. There has been an increase of sixty nine percent (69%) in the total trademark applications examined. Similarly, there has been an increase of twelve percent (12%) in the total number of hearing notices issued. However, no renewal notices have been issued in the previous week.

Weekly Indian Trademark Statistics

Particulars Last Week This Week Change in %
Total Trademark Applications Examined by Trademark Office 5838 9885 An increase of 69%
Total Applications Disposed through Show Cause Hearings 2103 2309 An increase of 10%
Total Applications Published in the Trademark Journal 3657 2350 A decrease of 36%
Total Registrations Granted 8457 9634 An increase of 14%
Total Hearing Notices Issued 3902 8797 An increase of 12%
Total Renewal Notices Issued 768 0 A decrease of 99%

Trademark Statistics by Office

Total Number of New Applications Received between April 28th to May 5th, 2021

 Sr. No Jurisdiction New Applications Examined Published Registered
1 AHMEDABAD 928 739 346 1502
2 CHENNAI 1706 948 328 1862
3 DELHI 2028 1839 888 3483
4 KOLKATA 391 326 161 425
5 MUMBAI 1812 1186 391 2110
Total   6865 5038 2114 9382

Yearly Trademark Statistics

Trademark Statistics from January 1st, 2021 to May 5th, 2021

  • Total Number of Trademark Applications Filed – 156994
  • Total Number of Trademark Applications Examined – 72576
  • Total Number of Trademark Applications Published – 82145
  • Total Number of Trademark Applications Registered – 147262

Authored and compiled by Uma T.S & Shreya Chaddha

About BIP’s Trademark Attorneys

The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Trademark News.

The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down

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Mishcon de Reya hire expands patent partnership in London




Helen Conlan (43) has joined the patent practice of UK mixed firm, Mishcon de Reya. Conlan joins from leading global firm Bird & Bird, where she began her career as a trainee in 2002 before working her way up to the partnership in 2013.

Helen Conlan, Mishcon de Reya

Helen Conlan

Mishcon’s recent partner hire brings its total number of patent partners to four, as well as three legal directors. Conlan is particularly experienced in the telecommunications and technology sector.

Interest in FRAND and AI

Conlan says, “I was particularly drawn to the energy and commitment that Mishcon de Reya is putting into the growth of its Innovation Department. I am delighted to bring my 17 years of experience as a patent litigator to the team.

“It is certainly an exciting time to be joining the firm.”

Conlan’s practice focuses on technology, media and telecommunications (TMT). While she works predominantly in patent litigation, including cross-border disputes, Conlan also has experience in the trade secrets and copyright areas. This is as well as experience litigating in telecommunication disputes concerning FRAND. She also works in AI-related disputes.

Previous clients include acting for Nokia in cases concerning standard essential and non-standard essential patents.

Conlan has also represented the European Central Bank in a dispute concerning security features of the Euro bank note.

Previously, Mishcon de Reya has acted for Dr Reddy’s Laboratories in a damages enquiry against Warner-Lambert and Pfizer. This is a high-profile case relating to generics’ second medical use patent for pregabalin for anxiety. The firm also acted for Lupin in a claim for invalidity against Gilead’s supplementary protection certificate (SPC) GB05/041. This concerned Gilead’s Truvada product, used to treat HIV.

Bird & Bird makes new partners

In December 2020, another former Bird & Bird partner Tim Harris moved to another growing team at Osborne Clarke, to bolster its life sciences offerings. The London office of Bird & Bird now has 14 patent partners, alongside two Of Counsel.

However, Bird & Bird is also actively recruiting in Europe. On 1 May, the firm announced several promotions into its IP practice partnership, including in London, Milan and Munich.

The firm also announced the hire of Henri Kaikkonen as a new patent partner and its head of IP in Finland. Kaikkonen joins from a senior associate role at mixed national firm Krogerus, which is based in Helsinki.

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UK court rules Sisvel patent non-essential to 4G standard




The UK High Court has found Sisvel patent EP 19 25 142 not essential to the 3GPP Long-Term Evolution (LTE) 4G standard, and not infringed by defendants Xiaomi and Oppo (case ID: HP-2019-000014). Presiding judge James Mellor based his findings of non-infringement and non-essentiality on literal construction and the doctrine of equivalents.

In March 2021, the UK High Court heard the technical trial, known by the parties as Trial 2. The current judgment relates to the first half of the trial, which was split into two parts. However, Trial 2 covered both EP 142, and EP 22 54 259 and EP 19 03 689. The former is a divisional patent, while EP 689 is a parent patent. Parties await the court’s upcoming judgment on EP 259 and EP 689.

Mitsubishi and Sisvel also sought to amend the granted claims of EP 142 by introducing two unconditional claim amendment requests, to exclude the ‘single SDU embodiment’ from the patent’s scope.

However, in his decision, James Mellor noted that the amendments failed to achieve their purpose. Mellor notes that, even if the claims were to be amended, the claimants’ argument of infringement still fails.

Dispute over 4G standard

In summer 2019, Mitsubishi Electric and Sisvel brought an infringement case before the UK High Court (case ID: HP-2019-000014). The infringement complaint was originally against five defendants over 12 cases, with three patents in question. Mitsubishi owns the two other patents, with Sisvel owning EP 142.

All three patents in dispute were part of a patent pool and concern 4G technology. However, French electronics company Archos, and Chinese companies Nuu Mobile and Sun Cupid Technology, have already agreed on a FRAND licence, with Xiaomi, Oppo and OnePlus the remaining defendants. The latter two are both subsidiaries of Chinese conglomerate BKK Electronics.

In December 2020, before the UK High Court heard the first technical trial, Xiaomi, Oppo and OnePlus settled the case regarding one Mitsubishi patent EP 657.

A FRAND trial will follow in October 2021, whereby the UK High Court will determine a value for the entire patent portfolio owned by Sisvel and Mitsubishi. JUVE Patent is not yet aware whether Mitsubishi and Sisvel are appealing the current technical trial decision.

Spotlight on Sisvel’s patent

Sisvel and Xiaomi are also fighting in other European countries, with cases pending in Italy and Germany. Sisvel is also challenging Xiaomi and Oppo in the Netherlands.

Bird & Bird’s UK patent team has a long-standing relationship with Sisvel. The firm runs the cases in the UK, as well as coordinating the cases in Europe and China. Xiaomi relies on Kirkland & Ellis, in a team led by partner Steven Baldwin. The US firm’s London patent team also runs other cases for the Chinese company.

Taylor Wessing has an already-existing relationship with Oppo. However, in this case, its patent team is acting for the Chinese company for the first time.

The judgment is one of James Mellor’s first decisions in his new position as UK High Court patent-specialist judge. Mellor joined the Chancery division in January 2021, alongside another new judge Richard Meade who was appointed in September 2020.

According to the judgment, “The trial was heard as a fully remote trial on MS Teams, with electronic bundles on CaseLines, a convenient feature of which enables all participants to accept prompts to jump to a particular page, so that everyone looks at the correct passage in the bundle.”

For Mitsubishi and Sisvel
8 New Square (London): Adrian Speck, Michael Conway
Bird & Bird (London): Richard Vary, Jane Mutimear (partners); associates: Mark Livsey, Louise O’Hara

For OnePlus and Oppo
8 New Square (London): Andrew Lykiardopoulos
11 South Square (London): Adam Gamsa
Taylor Wessing (London): Chris Thornham, Tom Foster

For Xiaomi
8 New Square (London): Andrew Lykiardopoulos, Isabel Jamal
Kirkland & Ellis (London): Steven Baldwin (partner); associates: Peter Pereira, Rory Clarke

UK High Court, London
James Mellor (presiding judge)

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Funky Tesla Patent With Swivel Chairs In Front




The CEO of Snow Bull Capital, Taylor Ogan, noticed something interesting this week in a Tesla patent filing. The patent filing, which is primarily about a different matter (“Improper seatbelt usage detection”), included swivel chairs in the front of a Tesla vehicle.

Before we jump in a little more, I think it’s worth spending a moment to put some context around patent filings. Below are a few key points to keep in mind.

First of all, the patent was granted by the US Patent and Trademark Office on January 12, 2021, but it was actually filed years ago (Dec 6, 2017).

Also, patents are frequently filed in order to allow the company to include something in their vehicles. The company files the patent on the idea before another company does so and then tries to block you from implementing the idea, or tries to charge you for doing so.

Nonetheless, it is interesting to see that Elon Musk and team have long thought about putting swivel chairs in the front of a vehicle.

There are other interesting things in there as well, like a steering wheel in the center of the car, and also seemingly on a structure that could slide from one side of the car to another.

Again, this is not to say Tesla will ever implement such a thing. It just reserves the right to do so. One commenter on Twitter also pointed out that it’s common to stick a bunch of different ideas in a single filing even if there’s no intention to mix them all together as drawn — just so that the company can protect more ideas from patent trolling.

Any other takeaways from this patent filing, or any other filings?

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