Portugal: Arbitration of patent validity, Court of Appeal of Lisbon, 1053/13.7YRLSB2, 13 February 2014
Arbitration courts established to resolve conflicts between patents and generic or reference medicaments do not have jurisdiction to decide on the validity of the patent, even when it is argued as a defence in an action for infringement. Transferring the authorization to introduce a generic medicament in the market to a third party is not,…