Looking back at this blog in 2018 from a bird’s eye perspective, I cannot resist the feeling that one of the most popular topics has been musing about the UPC’s future and speculating about the timing and the outcome of the decision by the Bundesverfassungsgericht (BVerfG) on Dr. Stjerna’s constitutional complaint. Even Stjerna himself has…

Today, after nine months of waiting, the decision of the UK Supreme Court in the pregabalin litigation was handed down. Like Brexit and the nation, it is clear that the Supreme Court Judges were divided on several crucial issues. In this post, we will not attempt to give a detailed analysis of the decision but…

Over the last decade, one of the topics typically discussed in patent proceedings in Spain has been to what extent the validity of the patent may be analysed in preliminary injunction proceedings. In the mid-2000s, the Judges in charge of the Commercial Courts at the time, with jurisdiction to deal with patent cases in Barcelona,…

In a decision issued this summer, the Swiss Federal Patent Court had the opportunity to comment on the catalogue of grounds for invalidity which can be brought against a Swiss SPC. The Federal Patent Court issued a PI based on Genzyme Corporation’s Swiss SPC for sevelamer, although it was unclear whether the Swiss Institute of…

Just a few months before the CJEU’s judgment in C-121/17 Teva UK Ltd and Others v Gilead Sciences Inc. came out a the Metropolitan Court of Budapest handed down a decision regarding Merck Sharp and Dohme Corp’s (MSD) application for an SPC re the combination of ezetimibe and rosuvastatin. The Hungarian court which regularly deals…

AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the patents were valid, the Sandoz product “Fulvestrant Sandoz” infringed upon the two patents. Sandoz took the position, however, that the patents should…