The issue of whether obtaining a marketing authorisation before the expiry of a patent covering the product that the marketing authorisation concerns will infringe upon the right of the patentee has now been settled by the Danish Supreme Court: In December 2006 Teva filed for a marketing authorisation for a product that Teva during subsequent…

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….