In summary proceedings filed by Novartis, the Brussels Court of Appeal issued a preliminary injunction, enjoining Mylan from infringing Novartis’ patent for ‘pharmaceutical compositions for sustained release of Fluvastatine’, until a decision is rendered in the proceedings on the merits. The Court further held that the injunction will be lifted, if the European Patent Office’s Technical Board of Appeal upholds the Opposition Division’s decision to revoke the patent on the basis of Article 84 EPC before issuance of a decision on the merits.
A full summary of this case has been published on Kluwer IP Law.
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