Finland: Actavis v. Novartis (Valsartan), Supreme Court of Finland, S2014/50, 30 June 2015
Kluwer Patent Blog
October 28, 2015
Please refer to this post as:, ‘Finland: Actavis v. Novartis (Valsartan), Supreme Court of Finland, S2014/50, 30 June 2015’, Kluwer Patent Blog, October 28 2015, http://patentblog.kluweriplaw.com/2015/10/28/finland-actavis-v-novartis-valsartan-supreme-court-of-finland-s201450-30-june-2015/
The Finnish Supreme Court held that the reversal of the burden of proof stipulated in Article 34 TRIPs as implemented in the Finnish Patent Act does not per se require a party to disclose its manufacturing process, but only to prove that it used a different process than that specified in the patent. The threshold of evidence is a matter of national law.