Injunction

Preliminary injunctions in patent disputes can be a very effective weapon to fight against free riders on the one hand but are equally hurtful for defendants being at-tacked unjustifiably on the…

The Court of Appeal dismissed Krka's appeal against a decision of the Oslo Court of Enforcement and Execution, which granted AstraZeneca a preliminary injunction preventing Krka from marketing its…

The requisite of "imminence" introduced by Directive 2004/48/EC, coupled with the measures approved by the Ministry of Health to speed-up the administrative steps necessary to launch generics, has…

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…