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Anders Valentin, Frederik Buhl Brinckmann (Bugge Valentin)
Injunctions granted in Denmark in Fingolimod-cases
August 04, 2023

As with many other jurisdictions the fight over Novartis’ contested Fingolimod-patent (EP 2 959 894) (the “patent-in-suit”) is raging on in Denmark. Two recent cases from June and July yielded…

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Anders Valentin (Bugge Valentin)
FINGOLIMOD – DANISH COURT GRANTS PI, ALBEIT DISSENTING OPINION FINDS PATENT INVALID DUE TO LACK OF INVENTIVE STEP
March 22, 2023

On 28 February 2023, the majority of the Danish Maritime and Commercial High Court did not find sufficient grounds for rebutting the presumption of the validity of the Danish patent DK/EP 2 959 894 (…

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Anders Valentin (Bugge Valentin)
Danish Court finds that the Danish Patent and Trademark Office is not obligated to consider ex officio the risk of double patenting for utility models
January 29, 2023

On 6 January 2023, the Danish Maritime and Commercial High Court dismissed an application for remission to the Board of Appeal of the registration of a utility model. The court considered whether…

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Anders Valentin (Bugge Valentin)
Fingolimod - The Danish Eastern High Court definitively affirms dismissal of a PI application based on a patent application
October 31, 2022

In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on…

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Anders Valentin (Bugge Valentin)
Either/or – must the patentee chose between a PI or a main action in Denmark?
February 10, 2022

In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first - even though the main action…

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Anders Valentin (Bugge Valentin)
Recent Danish case law on acquiescence/passivity in patent infringement actions
November 22, 2021

On September 30th, 2021, the Danish High Court (Eastern Division) rendered its decision in a long running patent infringement case. One important element of the case was the question of acquiescence…

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Anders Valentin (Bugge Valentin)
Danish court rules on requirements of notification of patent title transfer
March 20, 2021

On March 5th, 2021, the Danish Maritime and Commercial High Court ruled to acquit the Board of Appeal for Patents and Trademarks (the “Appeals Board”) in a case regarding the notification of a…

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Anders Valentin (Bugge Valentin)
Denmark: PI granted against Tadalafil »Mylan«
March 10, 2019

On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB's sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018,…

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Thorsten Bausch (Hoffmann Eitle)
How to Deal with Unusual Prior Art in the Determination of Inventive Step?
February 11, 2019

The EPO’s Problem-Solution-Approach is, on the face of it, simple and widely applied also in the national jurisprudence of the EPC member states. It starts with the determination of a “closest prior…

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Anders Valentin (Bugge Valentin)
Tenofovir - Danish Maritime and Commercial Court repeals PI
January 17, 2019

Gilead Sciences vs Sandoz - Round One The history of the case started in 2018, where Gilead Sciences Inc., brought preliminary injunctions before the court against several companies. On 7 March 2018…

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