The Court of Appeal partially reversed the Brussels Commercial Court’s decision invalidating Lundbeck’s SPC for escitalopram, to the extent that it had immediate effect. A summary of this case will be posted on http://www.KluwerIPCases.com
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck’s Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in earlier proceedings, the court found that, given the suspensive effect of the appeal against the decision invalidating the SPC, a preliminary injunction could be granted…
The Supreme Court held that disputes relating to confidential information contained in an expert’s report, filed in the framework of descriptive seizure proceedings, can be heard by the court having granted leave for these proceedings. Such disputes do not have to be adjourned until the proceedings on the merits. Click here for the full text of this…
In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis’ patent for ‘pharmaceutical compositions for sustained release of Fluvastatine’, until a decision is rendered in the proceedings on the merits. The Court further held that the injunction will be lifted, if the European Patent Office’s…
This matter concerns levocetirizine, which is an enantiomer of cetirizine. The Court held that, at the priority date, it would have been obvious to the skilled person to check whether levocetirizine (which had been individually disclosed before the priority date) had improved pharmacological characteristics compared to the racemic mixture (i.e. cetirizine). As a rule, resolving…
The Antwerp Commercial Court dismissed Merck’s claim for injunctive relief against Teva, ruling that Teva’s montelukast-based generic medicines do not infringe Merck’s European patent (EP 0 737 186) with respect to an improved process for preparation of the active ingredient montelukast, either literally or by equivalents. A full summary of this case has been published…
The Brussels Court of Appeal ruled that, in calculating the period of validity of an SPC, the ‘first authorisation to place the product on the market in the Community’, within the meaning of Article 13 of the SPC Regulation, does not necessarily need to be an authorisation issued in accordance with Directive 65/55/EEC or Directive…
The court found that the annexes to the expert’s report, filed in the framework of descriptive seizure proceedings, contained confidential information which was not relevant to assess the alleged infringement. It therefore ordered the expert to remove the annexes from the report and enjoined Novartis from using the information contained therein, subject to a civil…
