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.
On the 23 May 2024, the English Patents Court dismissed an application by Lenovo for an interim injunction to prevent Ericsson infringing one of Lenovo’s patents pending the outcome of the UK proceedings ([2024] EWHC 1267 (Ch)). In particular, the Court found that the application failed on the basis that damages are an adequate remedy…
From the potpourri of decisions that the Swiss Federal Supreme Court handed down last year, I have selected one in subjective hindsight that I consider to be particularly relevant regarding further cases. The outcome of most decisions of the Swiss Federal Patent Court in 2023 heavily depended on the specific circumstances and the effects of…
On November 28, 2023, the Tokyo District Court issued a preliminary injunction order against Sawai Pharmaceutical Co., Ltd. (“Sawai”) to suspend the manufacture and sale of Sawai’s pharmaceutical product (“Sawai’s Product”) developed and sold as a generic drug of Bristol-Myers Squibb (“BMS”)’s cancer drug “Sprycel®” (Case No. 2023 (Yo) 30214; AIK represented BMS in this…
On the last day of the AIPPI World Congress in Istanbul, a packed-out room of attendees was treated to a UPC mock trial. The illustrious judging panel featured three UPC judges, with Edger Brinkman as Presiding Judge joined by Peter Tochtermann and Petri Rinkinen. The mock scenario concerned an application for a preliminary injunction (PI)…
The Status Quo injunction is not a variation on Wayne’s World classic “No Stairway, Denied” joke. While some may yearn for a ban on their generic tunes, Status Quo is still not denied. That is not the faith of all generics, as Teva found out in Dutch litigation over its generic version of Grünenthal’s Nebido:…
The Helsinki division of the Unified Patent Court rejected an injunction request by AIM Sport against Supponor, because the reversal of the opt-out of the patent in dispute was deemed in contradiction with the UPCA. Article 83 (4) of the Unified Patent Court Agreement reads: ‘Unless an action has already been brought before a national…
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…
