Posted: 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 […]
READ MOREPosted: January 11th, 2017
DSM IP Assets B.V. v. Novozymes A/S, PI Judge of the District Court of The Hague, The Netherlands, 6 January 2017, Case No. ECLI:NL:RBDHA:2017:110 DSM holps a patent entitled ‘Enzyme preparation yielding a clean taste’. During Opposition, the patent was limited to milk sterilised at ultra high temperatures (‘UHT milk’). An appeal at the TBA […]
READ MOREPosted: November 15th, 2016
Abbott Products Operations AG v. Kern Pharma S.L., Court of Appeals (15th Division) of Barcelona, Spain, 15 September 2016, Docket No. 163/2016. In a Decision rendered on 15 September 2016, the Court of Appeals of Barcelona granted the interim injunctions requested by Abbott against Kern Pharma’s generic Fenofibrate 145 mg. The Court reversed the previous […]
READ MOREPosted: August 1st, 2016
Astrazeneca AB v. Sandoz B.V., PI judge of the District Court of The Hague, 27 July 2016, Case No. ECLI:NL:RBDHA:2016:8700 There is too much doubt that Claim 1 of the Patent in suit will be declared invalid in proceedings on the merits due to lack of inventive step. The requested preliminary injunction therefore will be […]
READ MOREPosted: June 21st, 2016
* Now including an English translation of the judgment * Basic Holdings ULC v. Ruby Decor B.V., Aparto B.V., District Court The Hague, The Netherlands, 4 May 2016, ECLI:NL:RBDHA:2016:4657, with thanks to Alexander Tsoutsanis, DLA Piper (NL) for sending in the English translation Basic Holdings, part of the Glen Dimplex Group, is proprietor of EP […]
READ MOREPosted: June 17th, 2016
B. Braun Melsungen AG v. Becton Dickinson B.V. and Becton Dickinson Infusion Therapy B.V., District Court The Hague (PI proceedings), the Netherlands, Case no. ECLI:NL:RBDHA:2016:6803 The Dutch PI judge ruled that B. Braun had lost its urgent interest needed for obtaining a preliminary injunction after it awaited the outcome of (appeal in) opposition proceedings before […]
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