IT – Claims limitation of a granted patent in PI proceedings

Posted: December 19th, 2022

Introduction With Decision of 29 November 2021, the Court of Milan addressed the issue of the admissibility under Italian law of claims limitation of a granted patent in preliminary injunction (“PI”) proceedings. The relevant provision is Article 79 of the Italian Intellectual Property Code (“IPC”), pursuant to which a patent can be limited in three […]


NL – Novartis v. Mylan

Posted: July 12th, 2022

In an interim relief decision of 21 June 2022, the preliminary injunction (PI) Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0,5 mg provisionally invalid. This is the first substantive PI decision on the validity of EP 894 matter in Europe, where several proceedings between […]


NL – Novartis v. Mylan

Posted: April 20th, 2022

Novartis versus Mylan, PI judge District Court of The Hague 22 March 2022, ECLI:NL:RBDHA:2022:2490 (interlocutory decision) Market entry by the generic pharmaceutical company Mylan before the grant of a Novartis patent – which will be infringed once granted – is not unlawful. Not even if Novartis’ patent will be granted with certainty and the wording […]


NL – Bayer Healthcare v. Teva

Posted: December 16th, 2021

Bayer Healthcare LLC v. Teva B.V. et al. PI Judge District Court The Hague, the Netherlands, 10 December 2021, Case no. ECLI:NL:RBDHA:2021:13616 Third generation divisional. Foreign proceedings on the mertits in which parts of the were invalidated do not take away the fact that the Dutch PI judge should reach its own conclusions. “At the […]



Posted: July 7th, 2021

Commercial Court No. 5 of Barcelona, Spain, 30 December 2020, case number 66/2020 (ECLI:ES:JMB:2020:310A) In this decision dated 30 December 2020, Barcelona Patent Courts provided some useful insights on how to meet the periculum in mora requirement (danger in delay) for the granting of precautionary measures for patent infringement in Spain. According to Spanish procedural […]


NL – Novartis v. Mylan / deferasirox

Posted: October 15th, 2020

Novartis v. Mylan (deferasirox) District Court of The Hague (PI judge Brinkman), 29 September 2020, KG ZA 20-605 Facts The patentee Novartis AG (“Novartis”) is the proprietor of EP 0 914 118 (“EP 118”). EP 118 covers deferasirox, an oral iron chelator that is sold by Novartis under the trademark Exjade. EP 118 is granted […]


DE – Divisional Game

Posted: September 14th, 2020

The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law. The bottom line of this decision […]


ES – Fulvestrant / Court of Appeals of Barcelona

Posted: June 16th, 2020

ES – Fulvestrant / Court of Appeals of Barcelona, 19 November 2019, Docket Nos. 240/2019 & 505/2019 In two separate orders, both issued on 19 November 2019, the Barcelona Court of Appeals confirmed the dismissal of a preliminary injunction decided by Orders of 18 July 2018, upon request of ASTRANEZECA against TEVA PHARMA S.L.U. (TEVA) […]


NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]