Still a tough life for patentees of second-medical-use claims in Dusseldorf – AstraZeneca loses battle against Hexal over Fulvestrant before the Dusseldorf Court of Appeal
AstraZeneca tried to enjoin Hexal from marketing its Fulvestrant-medicament in main proceedings (after already having failed in PI-proceedings) due to alleged patent infringement of AstraZeneca’s Swiss-type claim patent. The Dusseldorf Court of Appeal, however, dismissed the appeal (docket-no I-2 U 29/18). To understand the implications of this case, one has to first step back and…