The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not as of the priority date. This is the first decision in years in Norway taking a position on this issue. The judgement also deals…
The Borgarting Court of Appeal overturned the district court decision which revoked the patents in suit for lack of inventive step. The Court held that even if oxycodone had been known and used to treat pain as an alternative to morphine, the skilled person could not have predicted that a controlled release formulation with oxycodone…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not as of the priority date. This is the first decision in years in Norway taking a position on this issue. The judgement also deals…
The question in dispute was whether ratiopharm’s escitalopram was produced using Lundbeck’s patented process The Court considered that a reversal of the burden of proof in favour of the patentee might, in appropriate cases, be applied for process patents. However, in this case it was not disputed that the process developed and patented by ratiopharm’s…
In this case the Supreme Court affirmed that the transfer of a computer program could be regarded as an act of indirect patent infringement. Although the commissioned research and development of the program was covered by the experimental use/research exemption, a majority of three judges held that the transfer of the results of such research…
