In Denmark, as in many other European countries, Escitalopram patent cases that have been conducted in recent years.
One of these cases in which an interlocutory injunction was granted by the bailiff’s court at Elsinore and subsequently upheld on appeal, was admitted to the Danish Supreme Court which granted leave of appeal and ended up overturning the interlocutory injunction.
In its ruling, the Supreme Court, inter alia, set a precedent on the application of the Danish equivalent to the provision in TRIPS article 34 which reverses the burden of proof in relation to alleged infringement of process patents concerning new products.
Pursuant to the Danish Administration of Justice Act, an i [...]
The Danish government has now set a date for a referendum to decide on whether or not Denmark is to join the UPC. On 25 May 2014, in connection with elections for the European Parliament, the Danes will be asked to cast their vote on the UPC.
For a long time, the Danish government seems to have hoped that the far-right wing Danish Peoples Party (DPP) would give up its resistance to the UPC and thus provide the government with the necessary 5/6 parliamentary majority (as mentioned in previous posts), but this has not happened. The government could also have gotten its majority from the far-left wing party, the Unity List, but this party has maintained its staunch opposition to the UPC.
In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the usability of the object.
The case T-66-07, Svenco Papperssäcker AB v. Segezha Packaging A/S, Svenco had filed suit claiming infringement of its Danish patent DK 175 996D1 claiming that Segezha had infringed this patent by marketing wastepaper bags with an inside line marking the maximum content of the wastepaper bag.
Segezha, on the other hand, entered a plea of invalidity of the patent-in-suit.
Against this background, the parties requested that the court-appointed experts of its own – as is usual in D [...]
As any practitioner who has come in contact with the Danish legal system in connection with disputes concerning IPR will know, until now, the complexities quite often involved in such cases have often proven difficult for Danish courts, especially enforcement courts, to handle.
Consequently, it has for many years been a focal point of IPR advisors that the Danish court system, and especially the enforcement system, be reformed to address the lack of expertise on the bench.
The Danish Secretary of Justice has now, on 1 November 2012, presented a bill to the Danish parliament in order to address these issues and modernise the Danish enforcement court system.
If passed, the enforcement court sy [...]
In the wake of the UPC Agreement having been entered into under the Danish presidency, there was widespread euphoria about the many, potentially positive, aspects of Danish SME litigants being able to save substantial costs under the envisaged UPC regime.
The Danish press abounded in positive reviews put forward by politicians and industry representatives alike, who were all able to invoke examples of some of the present system absurdities including mixed outcomes of patent litigation throughout Europe that would now finally be of interest to only legal historians.
One example offered by a representative of the industry was an instance in which a medium-sized Danish enterprise had been force [...]
In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case.
The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests and kits (especially for human diseases) and Phadia AB (formerly Pharmacia AB) which conducts business in the field of research, production and marketing of diagnostic test systems and kits in the fields of allergy and sicknesses related to the immune defence system.
Phadia obtained European patent no. 0 756 780 on 22 [...]