The District Court of The Hague finds that the generic products of the defendants fall under the scope of protection of both of Mundipharma’s patents, which are related to controlled release oxycodone formulations. According to the District Court, the scope of protection of the patents is not limited to products wherein all oxycodone is within…
In these infringement proceedings before the Preliminary Relief Judge of the District Court of The Hague the defendant argued that the claimants should not have received an SPC for valaciclovir, since not valaciclovir, but its parent drug aciclovir is the ‘active ingredient’ Because aciclovir is not protected by the basic patent, and the market authorization…
According to the District Court of The Hague, Administrative division, Article 19 (2) of the SPC Regulation on medicinal products prohibits the ‘opposition’ in a national procedure by a third party against the grant of a pediatric extension of the duration of a Supplementary Protection Certificate. Third parties may submit an application for revocation of…
In these infringement proceedings initiated by Agfa against Xingraphics the Court held Agfa’s patent valid and dismissed Xingraphics cross border declaration of non-infringement due to lack of jurisdiction. Agfa’s infringement claim was dismissed as it was not sufficiently substantiated. Agfa was not allowed to supplement its evidence, since it had failed in a previous stage…
This is the first case in the Netherlands in which a patentee, whose patent was nullified in first instance in proceedings on the merits, requested a prohibition of infringement of this patent in preliminary injunction proceedings pending appeal of the first instance merits decision. The Preliminary Injunction Judge of the Court dismissed the request as…
The Administrative Law Division of the Council of State holds that the District Court has rightfully found that the Patent Office was not obligated to issue a Supplementary Protection Certificate for the medicinal product cetuximab. Article 73 (1) of the Dutch Patents Act 1995 on indirect infringement, does not in all circumstances protect the patentee…
The Hague District Court nullified Sepracor’s patent for compositions for treating allergic disorders using (-) cetirizine (levociterizine) on the basis of lack of inventive step. The Court considered that the person skilled in the art knows that the pharmaceutical efficacy of a racemic mixture generally can be attributed to one of the enantiomers. At the…
The District Court of The Hague held that all claims of Lundbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…
The District Court of The Hague held that all claims of Lunbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…
The Dutch Supreme Court stated that the patentee still has an interest in this supreme appeal proceeding after amendment of the patent pursuant to Articles 105a-c EPC 2000 subsequent to coming into force of EPC 2000 and the Appeals Court’s decision to nullify the patent. Although the Appeals Court in subsequent proceedings should take the…
