The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended…
The Enlarged Board of Appeal answers three questions of law as follows:
Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this…
The patent proprietor appealed a decision of the Opposition Division, wherein the Opposition Division decided to maintain the patent in amended form. In appeal the patent proprietor filed a new main…
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…
On 30 July 2009, the Commercial Court of Granada ordered an ex parte preliminary injunction against two companies that had obtained authorisation to market generics of sustained-release…
In the case at hand, Olympus filed a petition for review against the decision of the Board of Appeal to revoke Olympus' patent. Olympus argued that it had had no opportunity to comment on the grounds…
When the transitional provisions for EPC 2000 are silent, the Board has to establish which legal text is applicable. In that case the Board has to take into account that it is undesirable to use both…
