Posted: October 3rd, 2022
BRUDY TECHNOLOGY, S.L. v. LABORATORIOS THÈA, S.A. & ESTEVE PHARMACEUTICALS, S.A., Commercial Court no. 4 of Barcelona, 7 March 2022
This first-instance decision issued by Barcelona Commercial Court no. 4 deals with a case of direct infringement of second medical use “Swiss-type” claims. Furthermore, it addresses the applicability of Prosecution History Estoppel in determining the scope of patent protection.
The plaintiff, BRUDY TECHNOLOGY, S.L. (BRUDY), filed infringement proceedings against LABORATORIOS THÈA, S.A. (THÈA) and ESTEVE PHARMACEUTICALS, S.A. (ESTEVE) before the Barcelona Commercial Courts based on patent EP1962825 (EP 825), validated in Spain as ES2384701 “Use of DHA for treating a pathology associated with cellular oxidative damage”.
Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER