Yesterday, 25 April 2018, AG Wathelet has handed down his opinion in the Teva v Gilead reference (Case C-121/17) suggesting that the question should be answered as follows: “The fact that a substance or combination of substances falls within the scope of protection of the basic patent is a necessary, but not sufficient, requirement for…

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister. In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the…

Just as the case has been in other European jurisdictions, Gilead is currently attempting to enforce its (Danish) SPC for the combination of tenofovir disoproxil (as fumarate) and emtricitabine in Denmark. In the first decision regarding Gilead’s enforcement of this SPC in Denmark, the Danish specialty patents court, the Maritime and Commercial High Court, turned…

Earlier this year, the Danish Maritime and Commercial Court rendered judgment in a patent case between Carl Freudenberg and Stadsing (SH2017.T-14-14S). Carl Freudenberg was the holder of a patent for a mop cover for a cleaning device (DK/EP 1 704 808). Stadsing conceded infringement if the patent-in-suit were held to be valid. Carl Freudenberg argued…

On 30 June 2017, the Danish Maritime and Commercial High Court issued a preliminary injunction against MBH-International A/S’ and its Danish distributor’s, OneMed A/S, import, offer for sale and sale of the urinary catheter assembly “Qufora OneStep”. Coloplast had applied for a preliminary injunction against the “Qufora OneStep” catheter assembly with reference to its European…

On April 26 2017, the Eastern High Court of Denmark gave an interesting decision in a case between Orifarm Generics A/S and Novartis A/S, who is the holder of a patent and a number of utility models regarding a transdermal patch. On August 12 2014, the Maritime and Commercial Court had found that Orifarm by…

On 17 June 2016 the Maritime and Commercial court declared AstraZeneca’s patent DK/EP 0 907 364 invalid, rendering the preliminary injunctions granted against Teva and a number of other competitors void as a result. The issue of damages was set a side for separate adjudication and the Maritime and Commercial court delivered its judgement on…

The Danish Maritime and Commercial Court recently rendered judgement (SH2016.T-5-14) in a matter between Ametek Denmark A/S and the intellectual property consultancy Zacco Denmark A/S. As an external patent agent, Zacco had assisted Ametek in filing several patent applications regarding Ametek’s invention of a temperature calibration system. However, in an international patent application and in…