The Danish Supreme Court upheld the Maritime and Commercial Court's decision revoking an injunction against Teva issued by the Danish High Court. The Supreme Court ruled that a condition for the…
The issue of whether obtaining a marketing authorisation before the expiry of a patent covering the product that the marketing authorisation concerns will infringe upon the right of the patentee has…
AstraZeneca enforced its patent for an asymmetrical synthetic route to obtain esomeprazole in Denmark. The API manufacturer of the allegedly infringing pharmaceutical had developed its own-…
In a recent decision rendered by the Danish Supreme Court, the Court was asked to consider infringement of a patent granted for a plastic tooth pick.
Several defences were raised by the alleged…
In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic…
As reported in teh blog on 9 March, 2011, ratiopharm has managed on appeal to the High Court to overturn the first instance decision to grant a PI against ratiopharm which had initiated its own…
The Danish patentee H. Lundbeck A/S has during the past few years enforced its patent rights to the active pharmaceutical ingredient Escitalopram in several jurisdictions as also reported in several…
For many years it has been heavily disputed in Danish and Nordic legal theory, whether the doctrine of equivalents should or should not be accorded weight in the construction of the protective scope…
Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings.
Instead, an application for a PI is heard by the bailiff's…
In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer's local jurisdiction (bailiff's…