AstraZeneca enforced its patent for an asymmetrical synthetic route to obtain esomeprazole in Denmark. The API manufacturer of the allegedly infringing pharmaceutical had developed its own- independent synthetic route with a significantly lower yield and had applied for a European patent for that process. AstraZenaca alleged that the detection of trace amounts (ppb) of certain…

In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic advantages of applying for both rights in Denmark is that the utility model registration is not subject to as thorough a…

The Danish patentee H. Lundbeck A/S has during the past few years enforced its patent rights to the active pharmaceutical ingredient Escitalopram in several jurisdictions as also reported in several cases on the Kluwer patent blog. As previously reported (blog entry 3 May 2010), Lundbeck A/S has also succesfully enforced its patent rights in relation…

The Appellant had obtained both utility model and patent protection for a mechanical invention. The Defendant argued that the subject matter of both rights did not fulfil the novelty requirement, because it had been disclosed to the public by demonstrations of the invention to both individual persons and corporate entities prior to the priority date….

In Denmark, as is probably the case in many other jurisdictions, in IP proceedings a case must be brought against each alleged infringer in that alleged infringer’s local jurisdiction (bailiff’s department of the local city court). In a recent decision from the Danish High Court (Eastern Division) (case reported in the Danish Legal Gazette UfR…

A recent appeal decision from the Danish High Court (Eastern Division) concerns the issue of whether an application for an interlocutory injunction should be granted on an ex parte basis. The case concerned (one of several) cases in Denmark regarding the Danish company H. Lundbeck A/S enforcing a process patent for its block buster API,…