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Anders Valentin  (Bugge Valentin)
Denmark: Aventis v. Hospira - Docetaxel
May 14, 2010

On the basis of a use patent, Aventis filed for interim relief against Hospira at the Bailiff’s Court (Enforcement court) at Lyngby City Court in Denmark. The claim was based on DK/EP 0593656 and…

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Thomas Musmann  (Rospatt Osten Pross)
Patent Law and Philosophy
May 11, 2010

I have to start this with a simple introduction into container technology: This is an intermediate bulk container (IBC):   In principle such an IBC consists of three elements, the base, the…

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Miquel Montañá  (Clifford Chance)
Does obtaining marketing authorization and price to market a medicament constitute sufficient indicia of "imminent" infringement?
May 10, 2010

One of the new question marks introduced by Directive 2004/48 (the so-called "Enforcement Directive") is what amount of indicia is required to prove that an act of infringement is "imminent" for the…

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Korbinian Kopf  (Maiwald Patentanwalts GmbH)
G01/07 makes prosecution of “medical claims” at the EPO more predictable
May 06, 2010

The questions referred to the Enlarged Board of Appeal were answered as follows: 1. A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important…

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Erik Visscher
Boehringer/Double Patenting, European Patent Office (EPO Board of Appeal), 19 April 2010
May 06, 2010

In the case at hand the Board held that the European Patent Convention does not contain any specific provision for refusing a European patent application for unallowable double patenting. According…

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Brian Cordery  (Bristows)
Bottling the After-Market
May 05, 2010

George Washington once speculated whether it could be said that an axe which had received three new handles and two new heads could be said to be the original axe. Whilst not providing the answer to…

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Daniela Ampollini  (Trevisan & Cuonzo)
Is the filing of an MA application for a generic drug an act of infringement for the Italian courts? Part II
May 05, 2010

On 18 June 2009 the IP Chamber of the Milan Court issued its official interpretation on whether the filing of an MA application for a generic drug when the patent is still in force results an act of…

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Daan de Lange  (Brinkhof)
Manufacturing the ACTA Fiction
May 04, 2010

There have been some interesting developments lately on the international IP piracy front relating to the so-called manufacturing fiction and the Anti-Counterfeiting Trade Agreement (ACTA). These…

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Anders Valentin  (Bugge Valentin)
Escitalopram injunctions granted in Denmark based on reversed burden of proof
May 03, 2010

During the past 9 months in Denmark, the pharmaceuticals manufacturer and patentee, H. Lundbeck A/S, has obtained two interlocutory injunctions in Denmark against wholesalers marketing generic…

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Peter Burgers  (Brinkhof)
Mundipharma v. Sandoz, District Court The Hague (Rechtbank Den Haag), 7 April 2010
April 30, 2010

The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended…

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