by Max v. Rospatt
In a recent decision the Landgericht Duesseldorf (4a O 277/10 – Pramipexol) issued a preliminary injunction against a generic company before the generic was listed in one of the…
Who may bring an action for patent revocation? Such is the fundamental question which has been submitted to the Tribunal de Grande Instance of Paris in a case whose factual circumstances made it…
In this case the claimant filed an application for a supplementary protection certificate (SPC), however the application was refused by the Lithuanian patent office. Appeals before national courts…
On 15 March 2011, in a dispute opposing the companies E.I Du Pont de Nemours and Merck and companies Mylan and Qualimed, the Cour d’Appel of Paris confirmed the order handed down on 12 February 2010…
Co-author Christiaen Dekoninck.
Noteworthy decision on the balance of interests within the framework of preliminary injunction proceedings: Antwerp Court refuses to issue a preliminary injunction…
The German Patent Act (sec. 145) provides for a special limitation of further actions on account of the same or similar act based on different patents. Such actions shall only be admissible if the…
Daiichi Sankyo (hereinafter referred to as "Daiichi") was the holder, for a drug whose active principle was pravastatine, of a supplementary protection certificate (SPC) granted on 26 August 1992…
While in the past the German courts generally presumed that exposing a product on a trade fair constituted an infringing offer and, hence, a danger of repetition, the District Court of Mannheim…
As we all know, with its opinion of 8 March 2011, the European Court of Justice (ECJ) opined that the envisaged Unified Patent Litigation System (UPLS) is not compatible with the law of the European…
