On March 5th, 2021, the Danish Maritime and Commercial High Court ruled to acquit the Board of Appeal for Patents and Trademarks (the “Appeals Board”) in a case regarding the notification of a transfer of a patent between two companies. The case, which included aspects of both company law, patent law and questions of civil…

On 20 December 2019, The Danish Maritime and Commercial court ruled in a preliminary injunction case regarding a patented rat barrier. The plaintiff claimed that the defendant should be prohibited from producing, marketing and selling products in numerous European countries. The case concerned whether the patentee, Nordisk Innovation ApS, could obtain a preliminary injunction preventing…

On 29 August 2019, the Danish High Court (Eastern Division) rendered a decisive new decision regarding legal costs in Danish patent (and IP) litigation, markedly changing the previously conservative tendency in awarding costs in Danish patent cases: In one among several parallel cases regarding an SPC (Tenofovir), the Maritime and Commercial High Court in April…

On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB’s sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018, Eli Lilly Danmark A/S (“Eli Lilly”) brought a case to the Danish Maritime and Commercial Court requesting a preliminary injunction against Mylan AB…

Gilead Sciences vs Sandoz – Round One The history of the case started in 2018, where Gilead Sciences Inc., brought preliminary injunctions before the court against several companies. On 7 March 2018, the High Court of Eastern Denmark delivered a preliminary injunction against Accord Healthcare Limited, thereby reversing an earlier decision from the Danish Maritime…

With the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers, The Maritime & Commercial High Court (“MCC”) – along with its appellate branches – has long since decided that judges deciding an application for…

On November 5th 2018 the Eastern High Court of Denmark ruled in favor of Hollister Inc. in a case regarding an invention described in a patent claim filed by Hollister Inc. Coloplast A/S claimed they were co-inventors of the invention and therefore co-owners of it. However, the Eastern High Court found that Coloplast had failed…

As previously reported, in 2017 the Danish Maritime and Commercial Court declined to grant an application filed by Gilead to grant an injunction against Accord offering the pharmaceutical a combination product consisting of Emtricitabine and Tenofovir Disoproxil (TD), holding that the granted SPC was invalid (Ground-breaking decision on Gilead’s Tenofovir SPC in Denmark). In a…

AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the patents were valid, the Sandoz product “Fulvestrant Sandoz” infringed upon the two patents. Sandoz took the position, however, that the patents should…

In a recent judgement rendered by the Danish Maritime and Commercial Court (SH2018.T-3-16 – Hexa-Cover A/S et al v. Kirk Plast A/S et al), the court heard an infringement case based on the alleged infringement by virtue of the marketing and sale of a system of so-called floating tabs, which serve to provide a cover…