After a fresh analysis in light of evidence provided by the complainant, the Barcelona Court of Appeal confirmed the novelty of Calcium Atorvastatin, as it had done in earlier judgments of 2007 and…
The Antwerp Commercial Court dismissed Merck's claim for injunctive relief against Teva, ruling that Teva's montelukast-based generic medicines do not infringe Merck's European patent (EP 0 737 186)…
The Commercial Court Number 4 of Barcelona found that although obtaining the price for generic versions of Calcium Atorvastatin by two Spanish companies from the Ministry of Health is not an act of…
In view of the need for a consistent approach to interpretation of Council Regulation (EEC) 1768/92, the Court of Appeal has referred to the European Court of Justice (ECJ) questions on the meaning…
In this judgment the Barcelona Court of Appeal concluded that any ‘preparatory acts’ (for example, submitting samples) conducted prior to the introduction in Spain of the ‘Bolar Clause’, as required…
The Federal Court of Justice further clarifies the scope of disclosure of a prior art document and the criteria for determining inventive step after the landmark decision ‘Olanzapin’. More…
In these infringement proceedings before the Preliminary Relief Judge of the District Court of The Hague the defendant argued that the claimants should not have received an SPC for valaciclovir,…
The European Court of Justice held that Article 3(c) of EEC Directive no. 1768/92, in light of Article 3(2) of EC Directive no. 1610/96, does not oppose the granting of an SPC to the holder of a…
According to the District Court of The Hague, Administrative division, Article 19 (2) of the SPC Regulation on medicinal products prohibits the ‘opposition’ in a national procedure by a third party…