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 […]
READ MOREPosted: September 25th, 2017
Allergan, Inc. v. Orifarm A/S, Preliminary Relief Judge District Court of The Hague, the Netherlands, 15 September 2017, Case number ECLI:NL:RBDHA:2017:10574 Allergan is the holder of the European patent EP 1 658 858 B2 entitled “Use of botulinum toxin for the treatment of recalcitrant voiding dysfunction”. The patent was filed on 15 July 1998 relying […]
READ MOREPosted: August 30th, 2017
Ruby Decor B.V. and Aparto B.V. v. Basic Holdings ULC, Court of Appeal The Hague, 22 August 2017, Case No. ECLI:NL:GHDHA:2017:2409, with thanks to Alexander Tsoutsanis, DLA Piper, for sending in the judgment as well as an English translation thereof Artificial fireplaces. Earlier, the Judge in PI proceedings ruled that in his preliminary opinion Ruby Decor did […]
READ MOREPosted: July 31st, 2017
Mobile Sanitary Solutions B.V. v. TWT Verhuur B.V., Summary Judge of the District Court of The Hague, 28 July 2017, Case No. ECLI:NL:RBDHA:2017:8486 Patent Holder Mobile Sanitary Solutions alleges infringement. TWT states that the patent invoked is invalid. In a preliminary ruling the summary judge agrees with TWT and holds that the patent is likely […]
READ MOREPosted: June 9th, 2017
Carl Zeiss Meditec AG v. VSY Biotechnology B.V. et al., District Court The Hague, The Netherlands, 7 June 2017, Case No. ECLI:NL:RBDHA:2017:6136 European Patent on an intraocular (implantable) lens. Interpretation of claims. The Dutch part of the patent is valid: the hurdles of novelty, inventive step and enablement were all taken successfully. The patent is […]
READ MOREPosted: May 8th, 2017
Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG, Supreme Court of the Netherlands, 14 April 2017, Case No. ECLI:NL:HR:2017:692 Preliminary injunction proceedings. Patent for second medical indication. Swiss-type claim. Novartis owns EP 1 296 689 with a Swiss type claim for use of zoledronic acid in the preparation of a medicament for the treatment of […]
READ MOREPosted: March 14th, 2017
Budapest Court Grants Preliminary Injunction Based on Direct Threat of Patent Infringement Preventing Pharmaceutical Product Launch The Metropolitan Court, Budapest has recently issued an order granting preliminary injunction against a Hungarian pharmaceutical distributor. The specialty of the case is that the allegedly infringing pharmaceutical product was not yet launched and it is the first time […]
READ MOREPosted: March 6th, 2017
Eli Lilly Company v. Sandoz B.V., District Court the Hague, 1 March 2017, Case No. ECLI:NL:RBDHA:2017:1907 Preliminary injunction proceedings. It is unlikely that the patent will be revoked in proceedings on the merits. No implicit disclosure of the administering of vitamine B12. Injunction granted. A copy of the judgment can be read here.
READ MOREPosted: January 20th, 2017
Pregabalin PI in France: a decision dealing with skinny label, second medical use claims and contributory infringement A new pregabalin decision has been rendered on December 2, 2016 in France, in a PI litigation initiated by Warner-Lambert (hereafter: the patentee) and licensees Pfizer against 9 groups of generic companies (hereafter: the defendants). All defendants are […]
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