by Max v. Rospatt

In a recent decision the Landgericht Duesseldorf (4a O 277/10 – Pramipexol) issued a preliminary injunction against a generic company before the generic was listed in one of the usual publications (Rote Liste, Lauer Taxe etc.).

Plaintiff asserted infringing marketing activities solely based on information obtained from an independent market research organization according to which the generic drug had been offered to a physician by a pharmaceutical sales representative at a certain date. The information did neither name the physician, nor the representative, nor the place where the incident occurred. Defendant objected to this evidence because of possible manipulations, confusions and communication errors.

The Court found that plaintiff’s assertion was conclusive and that Defendant’s objection was irrelevant because it did not assert any concrete circumstances which countered the likelihood that the market research organization’s information was correct. In particular the Court relied on Defendant’s failure to specify how and when the marketing activities had been organized and carried out in general and with respect to the drug at issue.

The Court issued a PI against the generics company.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF