The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar provision does not apply with retrospective effect, because its origin and rationale is different from the Experimental Use Exception; and (ii.) an invention that…

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…

The Court of Appeal dismissed Krka’s appeal against a decision of the Oslo Court of Enforcement and Execution, which granted AstraZeneca a preliminary injunction preventing Krka from marketing its generic esomeprazole product in Norway. The Court of Appeal held that the esomeprazole salt in Krka’s generic product with an optical purity of 98,8-99,4% was “an…

If incorrect pre-litigation behavior of only one of the parties (in this case evasive and conflicting answers to warning letters of a patentee) leads to unnecessary litigation, the court costs and legal expenses of the counterparty have to be imposed entirely on the party that acted incorrectly. Click here for the full text of this case. A…

The Supreme Administrative Court –overruled  the Patent Office (PO) denying AstraZeneca’s application for a supplementary protection certificate (SPC), because the PO should have applied § 77(2) – instead of §79 – of the Transitional and Closing Provisions of the Act amending the Bulgarian Patents Act, which does not contains any requirements relating to the product’s…

The Court of Justice of the European Union in clarifying the phrase ‘civil and commercial matters’ in Article 1 of the Brussels I Regulation (No 44/2001) ruled that said Regulation is also applicable to court decisions that contain an order to pay penalties to ensure compliance with a judgment given in a civil and commercial…