Germany: Ubichinon, Court of Appeal of Düsseldorf, 2 U 8/14, 7 August 2014

In this judgment the Court of Appeals Düsseldorf held that the manifest preparation of a product for a specific use which is covered by a use claim can be seen in information on the packaging and in the patient information provided with the pharmaceutical product to the end user. It confirms earlier case law in that an infringement of a use claim requires a manifest preparation which clearly states that the product may be used for the patented indication (the specific medical use).

A full summary of this case has been published on Kluwer IP Law.