NO INFRINGEMENT OF RIVAROXABAN DOSAGE FREQUENCY PATENT – DANISH COURT REJECTS BAYER’S APPLICATION FOR PRELIMINARY IN-JUNCTION1. SummaryOn 9 October 2024, the Maritime and Commercial Court rendered its decision not to grant Bayer’s applications for interim measures against four generics — Sandoz, Glenmark, and Stada — based on EP 1 845 961 (“EP 961”).Teva was originally…
As with many other jurisdictions the fight over Novartis’ contested Fingolimod-patent (EP 2 959 894) (the “patent-in-suit”) is raging on in Denmark. Two recent cases from June and July yielded positive results for the patent proprietor in cases against Viatris and Zentiva respectively. The cases initially begun in Denmark in the spring of 2022, where…
On 28 February 2023, the majority of the Danish Maritime and Commercial High Court did not find sufficient grounds for rebutting the presumption of the validity of the Danish patent DK/EP 2 959 894 (the “Contested Patent”), held by Novartis, and thus decided to grant a preliminary injunction against Zentiva. Notably, though, the opposing judge…
On 6 January 2023, the Danish Maritime and Commercial High Court dismissed an application for remission to the Board of Appeal of the registration of a utility model. The court considered whether the Danish Patent and Trademark Office ought to have considered a prior registration when examining ex officio a utility model application. On 14…
In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on the European patent application 2 959 894. In its decision, the Court firmly stated that a preliminary injunction can only be issued based…
In a highly principled matter, the Danish Maritime and Commercial High Court has ruled to dismiss Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris based on the patent application EP 2 959 894 (the “894-application”). The patent application is for a pharmaceutical patent on the treatment of multiple sclerosis. The EPO Examining…
In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action had been suspended pending EPO opposition proceedings. This decision could have farreaching consequences as it may entail that a…
On September 30th, 2021, the Danish High Court (Eastern Division) rendered its decision in a long running patent infringement case. One important element of the case was the question of acquiescence, in particular, whether the patent pro-prietor is required to act on a possible patent infringement (and commence legal proceedings) when opposition proceedings are pending….
On March 5th, 2021, the Danish Maritime and Commercial High Court ruled to acquit the Board of Appeal for Patents and Trademarks (the “Appeals Board”) in a case regarding the notification of a transfer of a patent between two companies. The case, which included aspects of both company law, patent law and questions of civil…
On 20 December 2019, The Danish Maritime and Commercial court ruled in a preliminary injunction case regarding a patented rat barrier. The plaintiff claimed that the defendant should be prohibited from producing, marketing and selling products in numerous European countries. The case concerned whether the patentee, Nordisk Innovation ApS, could obtain a preliminary injunction preventing…
