This case concerned the issue of patentability. The Danish Patent and Trademark Office (DKPTO) refused a patent application on the grounds that the invention only consisted in an automation of a known process. This DKPTO decision was appealed before the High Court and subsequently brought before the Supreme Court. The Supreme Court upheld the High…
The Danish Supreme Court dismissed Meyn’s claim against Linco and declared Meyn’s patent invalid.
The plaintiff, Power Stow A/S (“Power Stow”), held a national patent for a ramp for transporting luggage onto aircrafts. During prosecution of the patent-in-suit, the Danish PTO had initially declined to grant the patent for lack of inventive step over a US patent. A revised patent application was subsequently accepted in February 1996. Later RASN…
On the basis of a use patent, Aventis filed for interim relief against Hospira at the Bailiff’s Court (Enforcement court) at Lyngby City Court in Denmark. The claim was based on DK/EP 0593656 and the defence raised by Hospira was invalidity of the invoked right.
During the past 9 months in Denmark, the pharmaceuticals manufacturer and patentee, H. Lundbeck A/S, has obtained two interlocutory injunctions in Denmark against wholesalers marketing generic versions of Escitalopram. In both cases H. Lundbeck A/S argued successfully that the patent-in-suit fulfilled the conditions of the Danish Patents Act § 64a (similar to the Art 35…
In this decision the Danish Supreme Court for the first time uses equivalents as a legal base for violation of a patent. Equivalents have long been a part of Danish patent law, but the Supreme Court has been cautious and reserved concerning their use. The respondent in this case had a Danish patent, concerning a…
