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Malin Malm Waerme (Vinge)
Prodrug SPCs: invalidation action dismissed in Sweden
February 23, 2025

The Swedish Patent and Market Court (“PMC”) recently issued a judgment on an important aspect of SPC law, namely the correct interpretation of the term ‘product’ under Article 1(b) of the SPC…

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Magnus Dahlman (Gulliksson)
Nothing new under the sun: parallel importers must still prove that it is objectively necessary to replace the original package of medicinal products
February 21, 2022

This post perhaps is a bit off topic since it concerns parallel imports and trademark rights. Nevertheless it could be interesting for the readers since it relates to the the pharma industry.…

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Magnus Dahlman (Gulliksson)
Launch at risk concept still is not at risk in Sweden following C-688/17
May 14, 2021

Introduction A key mechanism in patent litigation and specifically for generics is the concept of “launch at risk”. In short the concept means that a product is launched prior to the expiry of a…

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Beatrice Nybert (World Trade Institute)
Sweden: Beamocular AB v. C-Rad Positioning AB, case No. PMT 10360-16, Patent and Market Court of Appeal of Sweden, PMT 10360-16, 20 June 2017
October 24, 2017

Beamocular brought proceedings against C-Rad, alleging that Beamocular had the superior right to an Invention made by K.M. who was at the time an employee of C-Rad. The Swedish Patent and Market…

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Brian Cordery (Bristows)
Report from Rio: Day 1 - Of Swedish hotels and FRANDangos
October 13, 2015

by Dominic Adair Following an exciting opening ceremony on Sunday evening featuring Brazilian dancers, caipirinha cocktails and black bean soup, the AIPPI’s 2015 World Congress in Rio de Janeiro…

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Jan Lindberg (Attorneys-at-Law TRUST)
Sweden: Post-injunction liability for third party actions clarified
July 21, 2015

By Kristian Fredrikson, Dephi and Jan Lindberg, Trust Ltd. This time I want to introduce a fellow author from Sweden, Kristian Fredrikson, who promised to write about this interesting recent decision…

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Mathilda Nordmark (Bird & Bird)
Sweden: Brokk v Husqvarna, Stockholm District Court 15 January 2014
July 14, 2014

The Stockholm District Court found that the product did not fall under the wording of the patent claim or the doctrine of equivalence. During the application procedure before EPO, the patent holder…

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David Nilsson (Bird & Bird)
Legro Gartneri A/S v. Svegro AB, Stockholms tingsrätt (Stockholm District Court), 26 April 2012
June 14, 2013

The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by…

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David Nilsson (Bird & Bird)
EveryMed AB v. Roche Diagnostics GmbH, Svea Court of Appeal Stockholm (Svea Hovrätt), 27 June 2012
June 14, 2013

In a combined patent infringement and nullity case, the Svea Court of Appeal upheld the validity of Roche Diagnostics' European patent as far as Sweden was concerned, but held, other than the…

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Giovanni Gozzo for
Lely v. DeLaval, Supreme Court (Högsta Domstolen), 24 May 2011
November 02, 2011

The Swedish Supreme Court held that in cases where the infringing act is the sale of infringing goods, the damage (in this case the right to reasonable compensation for use of the invention and…

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