The Helsinki Court of Appeal granted Lundbeck preliminary relief against Sandoz. The Court held in the light of Article 34 TRIPS that in preliminary relief cases the standard of proof of infringement may not be too high if the patent in suit is a process patent for the manufacture of a new product, and therefore concluded that Sandoz’ generic escitalopram products were likely to infringe Lundbeck’s supplementary protection certificate based on Lundbeck’s patent.

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