Posted: October 16th, 2017
Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Barcelona Commercial Court No. 5, 12 July 2017, Docket No. 148/2017
In a decision rendered on 12 July 2017, Commercial Court No. 5 of Barcelona overruled its previous order of 21 February 2017, pursuant to which it granted ex parte precautionary measures against Ratiopharm, ordering it to temporarily refrain from launching its generic drug rosuvastatin. The order was revoked because the Court concluded, in line with previous Spanish Court decisions on this matter, that the use claims of the Spanish validation of patent EP 0521471 were affected by the Spanish reservation to the EPC and should therefore be deemed ineffective.
Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER