This second contribution completes the analysis developed in Part 1. Building on the product-centred reasoning adopted by the District Court of The Hague, it examines the limits of that approach…
I am particularly pleased to publish this commentary, co-authored with my friend and colleague Marco Stief, whose earlier work on this decision provided the starting point for the present analysis,…
The basic patent and SPC on Stelara®, the successful blockbuster drug of Janssen, have expired, which means that the generic producer Samsung Bioepis can potentially bring its generic drug on the…
Biogen has had mixed success in Europe in enforcing its patent on a second medical use of dimethylfumarate for the treatment of multiple sclerosis. In the present Dutch case, an attempt to obtain an…
On 30 October 2024, the District Court of the Hague handed down two merits decisions on the widely litigated apixaban patent of Bristol-Myers Squibb (see here and here - Dutch language versions). EP…
After Novartis had obtained a preliminary injunction against Pharmathen, it observed that there were still infringing acts being performed. In the first instance, the provisions judge sided with…
Patent claims, and therewith infringement, can get lost in translation. The Dutch first instance court limited a patent’s scope of protection based on the Dutch translation of the claims. The Court…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not…
In the next chapter in the FRAND-related battle between Nokia and Oppo, Nokia tried to obtain an injunction in relation to Oppo’s sales through Oleading and Reflection. The provisions judge, however…
In the present preliminary case a cross-border injunction was ordered by the provisions judge. He came to this conclusion because he found the product to be infringing (in contrast to a preliminary…
