EPLAW PATENT BLOG

FR – Du Pont v. Mylan, Losartan SPC (first instance)

Posted: April 13th, 2010

Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (first instance), Pres. Paris District Court, France, Docket No. 10/51453, 12 February 2010
According to the President of the Paris District Court, the basic patent for Losartan covers any product comprising Losartan, including a product comprising Losartan and another product such as a diuretic, like HCTZ.

READ MORE

NL – Mundipharma Pharmaceuticals v. Sandoz

Posted: April 13th, 2010

Mundipharma Pharmaceuticals B.V. v. Sandoz B.V. District Court The Hague, The Netherlands, 7 April 2010, Docket No. 340373 / 09-2029, with thanks to Willem Hoyng, Howrey
In today’s judgment the District Court of The Hague ruled that Mundipharma’s EP 730 as granted relating to the controlled release oxycodone formulation, OxyContin®, is

READ MORE

HU – Preliminary Injunction pharmaceutical confirmed

Posted: April 12th, 2010

Metropolitan Appeal Court, Budapest, Hungary, preliminary injunction, 6 April 2010, with thanks to József Tálas, Sár and Partners Attorneys-at-Law and Imre Molnár, Danubia Patent and Law Office
The Metropolitan Appeal Court of Budapest, acting as court of second instance has confirmed the decision of the Metropolitan Court ordering a preliminary injunction (prohibition of distribution, seizure, withdrawal from commerce).

READ MORE

SE – Hilding v. Wonderland

Posted: April 8th, 2010

Hilding Aktiebolag v. Wonderland AS, District Court of Stockholm, 12 March 2010, Docket Nos. T 29062-06 / T 22004-06 (joint cases)
In joint infringement and invalidity proceedings, the District Court of Stockholm declared Wonderland’s European patent invalid for Sweden in a judgment in the invalidity case (T 29062-06). The patent was declared invalid due to lack of inventive step.

READ MORE

SPCs and Combination Products

Posted: April 8th, 2010

There have been quite a number of recent developments in European SPC cases relating to combination products. Courts seem to have difficulties in dealing with this issue and various tests regarding validity and infringement have been developed by different national courts.
In today’s SPC and Combination Products special, editors Philippe de Jong (Altius) and András Kupecz (Simmons & Simmons) focus on these validity issues and infringement issues. The contributions can both be read jointly and separately.

READ MORE

HU – Preliminary Injunction refused concerning a Combination Patent

Posted: April 7th, 2010

Metropolitan Appeal Court, Budapest, Hungary, preliminary injunction/combination patent, 2 April 2010, with thanks to József Tálas, Sár and Partners Attorneys-at-Law and Imre Molnár, Danubia Patent and Law Office
The Metropolitan Appeal Court, acting as court of second instance has refused to grant preliminary injunction based on a patent covering the combination of two known pharmaceutical active ingredient

READ MORE

DE – Thermoplastische Zusammensetzung (thermoplastic composition)

Posted: April 6th, 2010

Thermoplastische Zusammensetzung (thermoplastic composition), invalidity proceedings, Federal Supreme Court, Germany, 25 February 2010, Docket No. Xa. ZR 100/05
A workable disclosure of the invention might be denied if the protected subject-matter is generalized by open area specifications for physical characteristics in the patent claim beyond the solution given to the person skilled in the art with the entirety of documents

READ MORE

DE – Gelenkanordnung (hinge arrangement)

Posted: April 6th, 2010

Gelenkanordnung (hinge arrangement), infringement proceedings, Federal Supreme Court, Germany, 4 February 2010, Docket No. Xa. ZR 36/08
Determining the technical problem underlying a patent is part of the interpretation of the patent claim. It is to be developed out of what the invention actually achieves. Information in the description

READ MORE

DE – Glasflaschenanalysesystem (glass bottle analyzing system)

Posted: April 6th, 2010

Glasflaschenanalysesystem (glas bottle analysing system), invalidity proceedings, Federal Supreme Court, Germany, 4 February 2010, Docket No. Xa. ZR 4/07
If the appealing invalidity plaintiff asserted in first instance several invalidity reasons, but substantiates his appeal only with respect to one of these reasons, then

READ MORE

DE – Mundipharma v. Sandoz/Preliminary Injunction Oxycodone patent

Posted: April 2nd, 2010

Mundipharma GmbH v. Sandoz Pharmaceuticals GmbH et al, Landgericht Düsseldorf, Germany, 30 March 2010, Case No. 4a O 13/10
In the international dispute between Mundipharma and various suppliers of generic versions of the controlled release oxycodone formulation, OxyContin®, the Landgericht Düsseldorf

READ MORE