Injunction

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 …

In its 2006 decision in the matter called GAT/LuK the ECJ held that Article 22-4 of the Brussels Regulation – which provides for exclusive national jurisdiction regarding the validity of patents and…

One of the possible courses of action open to patentees when they suspect that a competitor may be preparing the launch of a product that may infringe a patent in force is to send a warning letter…

The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends…

The Swiss Federal Supreme Court held in a recent decision that the Swiss company Teva Pharma AG had to bear the court costs and reimburse Novartis's attorneys' fees in preliminary injunction…

Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs). Can a SPC be based on the market authorisation…

AstraZeneca enforced its patent for an asymmetrical synthetic route to obtain esomeprazole in Denmark. The API manufacturer of the allegedly infringing pharmaceutical had developed its own-…