In a Judgment dated 5 December 2023 in the landmark fingolimod case, Barcelona Commercial Court no. 10 rejected an action brought on grounds of unfair competition by the holder of a patent application. In unique circumstances, the claimant sought to prevent generic competitors from launching on the market during the pre-grant provisional protection period. Is the story of pre-grant enforcement now a closed chapter in Spain? Not necessarily!
Case date: 05 December 2023
Case number: 141/2023
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer IP Law
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It is interesting to note from a recent publication of a well-known British firm of patent attorneys, that one of the numerous fingolimod patents, EP 2 959 894, has been subject in 2023 of no less than 23 oppositions.
It figures well in first position on the list of patents most opposed in 2023. The second patent on the list, EP 3 294 283, from the same proprietor, has only 15 oppositions.