Two recent decisions of the Italian Supreme Court (no. 21835 of 14 October 2009 and no. 23414 of 4 November 2009) have tackled the issue of sufficiency in a peculiar manner, departing from previous…
By decision no. 6967/2009 of 14 May 2009, the IP Chamber of the Court of Milan found for the invalidity of a patent claiming the second medical use of a known pharmaceutical product for lack of…
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…
In case of parallel proceedings before a national court and the Boards of Appeal, parties should inform both tribunals of this position as early as possible. In order to avoid duplication of…
In these infringement proceedings before the Preliminary Relief Judge of the District Court of The Hague the defendant argued that the claimants should not have received an SPC for valaciclovir,…
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…
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…
The Court of Appeal upheld the High Court's finding that Aerotel's Patent relating to a method of making pre-paid landline telephone calls was invalid for want of inventive step over the principal…
The Hague District Court nullified Sepracor's patent for compositions for treating allergic disorders using (-) cetirizine (levociterizine) on the basis of lack of inventive step. The Court…
