Injunction

In Germany it is well established case law that in normal PI cases "urgency" is a requirement which is not fulfilled if plaintiff waits too long before initiating court proceedings (although the…

In Germany, prior to the implementation of the “Enforcement Directive” EC/2004/48, measures to secure evidence in patent matters were difficult to realize under the law. With the Implementation Act…

In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis' patent for 'pharmaceutical compositions for sustained…

The Appeal Court Karlsruhe has recently issued a judgement in a preliminary injunction proceeding. Plaintiff has sought to obtain a confirmation of the first instance's judgement. Defendant had filed…

  Aventis Pharma is the holder of supplementary protection certificate (SPC) No. 960006 related to European patent EP 253 738 granted on 31 January 1990, concerning the anti-cancer proprietary…

The UK has long been considered a favourable jurisdiction for pharmaceutical patent holders to seek an interim or preliminary injunction. In particular, from 2001 the English Courts have imposed an…

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff's…

In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer's local jurisdiction (bailiff's…

Like other countries, such as Australia or Germany, a "petty" patent or "utility model" can be obtained in Spain for so-called minor inventions. They present a twofold distinction with regard to …