This case concerned the issue of patentability. The Danish Patent and Trademark Office (DKPTO) refused a patent application on the grounds that the invention only consisted in an automation of a known process. This DKPTO decision was appealed before the High Court and subsequently brought before the Supreme Court. The Supreme Court upheld the High…

The plaintiff, Power Stow A/S (“Power Stow”), held a national patent for a ramp for transporting luggage onto aircrafts. During prosecution of the patent-in-suit, the Danish PTO had initially declined to grant the patent for lack of inventive step over a US patent. A revised patent application was subsequently accepted in February 1996. Later RASN…

During the past 9 months in Denmark, the pharmaceuticals manufacturer and patentee, H. Lundbeck A/S, has obtained two interlocutory injunctions in Denmark against wholesalers marketing generic versions of Escitalopram. In both cases H. Lundbeck A/S argued successfully that the patent-in-suit fulfilled the conditions of the Danish Patents Act § 64a (similar to the Art 35…