Injunction

by Miriam Büttner In a recent decision of 15 September 2011 (ref. no. 4b O 99/11) the District Court of Düsseldorf (LG Düsseldorf) found that a non-final decision of the utility model cancel-lation…

If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and…

On 11 November 2011 the IP Chamber of the Court of Rome granted the motion for preliminary injunction requested by Novartis AG and Novartis Farma S.p.A. against Mylan S.p.A. on the basis of Novartis’…

When a party successfully asserted a claim for injunctive relief at court on the grounds of IP-right infringement, but the foreign defendant has no assets in Germany, the problem arises as to how the…

The Court of Justice of the European Union in clarifying the phrase 'civil and commercial matters' in Article 1 of the Brussels I Regulation (No 44/2001) ruled that said Regulation is also applicable…

The Danish Supreme Court upheld the Maritime and Commercial Court's decision revoking an injunction against Teva issued by the Danish High Court. The Supreme Court ruled that a condition for the…

The issue of whether obtaining a marketing authorisation before the expiry of a patent covering the product that the marketing authorisation concerns will infringe upon the right of the patentee has…

As previously report on this blog (29 June 2011), on 20 June 2011 Floyd J. granted an ex parte interim injunction, sometimes called a “temporary restraining order” preventing Teva UK Limited (and two…

The readers will recall that one of the requirements for obtaining preliminary injunctions introduced by Directive 2004/48 (the so-called "Enforcement Directive") is proving that there is an …