One of the remedies available to a patent holder against a patent infringer is an injunction to prevent future. Two types are generally available: a preliminary injunction and an injunction in proceedings on the merits. A preliminary injunction is a provisional measures which has to be confirmed in merits proceedings or otherwise ceases to have effect. In European patent law a (provisional) cross-border injunction is possible: a court in one European state can prohibit infringement in several other European states.
The first two substantive public hearings of the Unified Patent Court will be held next month at the local division in Munich about applications for provisional measures. The hearings, on 5 (and if necessary 6) September and 19 September 2023, concern applications for preliminary injunctions in infringement cases brought by 10x Genomics against Nanostring Technologies….
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…
June 2023 has just passed, and the newly minted Unified Patent Court is of course still on everyone’s lips. But, of course, there are many reasons why the novel court system might not be the perfect fit for your next preliminary injunction: You just manage to submit your opt-out without the CMS crashing halfway through,…
In the next chapter in the FRAND-related battle between Nokia and Oppo, Nokia tried to obtain an injunction in relation to Oppo’s sales through Oleading and Reflection. The provisions judge, however, found this case to be too complex, both because of the patented subject-matter and the FRAND issues, to be decided in the present preliminary…
Everything flows, and the Dutch cross-border injunction flows like no other. From its source in the The Hague all the way to the cradle of Europe: Greece. So decided the Dutch Courts in the Novartis vs. Pharmathen case. The willingness of the Dutch Courts to assume jurisdiction to grant cross-border relief in international patent cases…
The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global FRAND rates, the Unwired Planet case in UK being a notable example. This approach is controversial and has sparked debates over the ability of…
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…
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented attitude of OPPO in these proceedings – which withdrew its products from the German market even before any injunction was enforced –,…
Longi and Hanwha have fought several (preliminary) court cases, which eventually resulted in a (cross-border) injunction. An ancillary claim that was approved was a recall of infringing products. Longi challenged on appeal the decision of the provisions judge that recall would also extend to solar panels that were already installed, but the judgment was upheld…
The Brazilian pharmaceutical market is growing fast and is expected to become the fifth largest in the world by the next decade. While the country struggles to recover from economic downturn, the health care sector plays a key role in political speeches and the overall approach by the government. The Brazilian Constitution establishes access to…
