The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended its decision on the validity and infringement of the patent in the main action until a final decision has been rendered in the opposition proceedings.
The Court extensively deals with Sandoz’ numerous invalidity arguments. Of special interest are the Court’s considerations on the use of disclaimers, specifically in light of the Enlarged Board of Appeal’s decision G1/03.
A full summary of this case has been published on Kluwer IP Law.
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