EPLAW PATENT BLOG

NL – Novartis v. Teva / everolimus appeal

Posted: October 10th, 2019

Novartis Pharma AG, Novartis International Pharmaceutical AG, Novartis AG v. Teva Nederland B.V., Court of Appeal The Hague, The Netherlands, 17 September 2019, Case No. ECLI:NL:GHDHA:2019:2648

Novartis holds substance patent EP 0 663 916 relating to everolimus, an immonosuppressant, as well as six divisionals relating to ‘cancer treatment’.

Teva holds a Dutch marketing authorisation for a generic version of everolimus. Novartis previously has informed Teva various times per letter about its patent rights and has requested Teva to inform Novartis two month before market introduction of a generic version. Teva did so.

In first instance, no injunction was awarded against Teva, as it was ruled that the patents invoked were likely to be found invalid based on lack of inventive step. On appeal, The Court of Appeal does award an injunction. At least one of the patents invoked by Novartis is deemed to be valid and infringed.

A copy of the judgment (in Dutch) can be read here.

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