Bayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently been found.
Case date: 17 September 2019
Case number: C/09/576374 / KG ZA 19-621
Court: Provisions Judge of the District Court of The Hague
A full summary of this case has been published on Kluwer IP Law.