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Pregabalin – second medical use claims construction in Denmark

In one of the ongoing Pregabalin diputes, the Danish specialty court for IPR, the Maritime and Commercial Court in Copenhagen, recently rendered a 50-pages decision in a PI-action filed by Warner-Lambert (“WL”) and Pfizer against Krka and the Danish Association of Pharmacies. The Danish Health Agency intervened in support of the Danish Association of Pharmacies.

WL applied for interlocutory injunctions to be granted against Krka and each of the 220 individually named pharmacies in Denmark.

The principal claim against Krka was a claim for an order according to which Krka would only be allowed to sell Pregabalin in Denmark if it were able to ensure that the pharmaceutical was not distribu [...]

Another milking robot decision…DeLaval not liable for infringement of milking robot patent

On 28 May 2015 the Eastern High Court of Denmark rendered judgment in a case between the two largest manufacturers of automatic milking systems, in which Lely had claimed damages from DeLaval International AB (Sweden) and its Danish subsidiary, DeLaval A/S for infringement in Denmark of the Danish part of a European patent.

DeLaval, on the other hand, had submitted a claim for revocation of the patent-in-suit, which concerned the incorporation of an after-treating device (for spraying a cow’s teats) into a milking robot arm, which also carried out other functions in the milking process.

The case before the High Court had been pending since 2002, which was the reason why it fell under the jur [...]

Will Danish courts adopt a more holistic approach on claim construction?

In a recent Supreme Court decision from Denmark (Dansk Mink Papir vs. Jasopels A/S), the Supreme Court rendered a decision which could mark the inauguration of a more holistic approach by Danish courts in their assessment of patent protective scope.

The invention concerned a so-called pelt bag developed by Dansk Mink Papir which had also developed two machines for bags keeping in place mink fur on the pelt. The invention consisted in fat and moisture absorbing bags, extending to at least 1/3 of the holding area as opposed to the prior art which described only fat absorption explicitly, but moisture absorption only implicitly and with bags covering more than 1/3 of the holding area, so-called [...]

Injunction granted against Bodum coffee maker

In a recent decision rendered by the Danish specialty court for patents (the Maritime & Commercial Court) it was decided to grant an injunction against sales of copies of a Bodum piston coffee maker.

This case concerned whether F & H A/S should be barred from selling a specific piston coffee maker and whether sales of that piston coffee maker constituted an infringement of a European patent No. EP 1009269 B1 belonging to PI-Design AG.

PI-Design is the holder of a European patent for a piston coffee maker for preparing coffee in small amounts. F & H A/S had sold similar piston coffee makers, for which reason PI-Design had filed an infringement action based on the patent. F & H A/S pleaded a [...]

The Danish High Court (Eastern Division) upholds the City Court’s decision to deny an interim injunction against sale of generic pharmaceuticals containing drospirenone

On February 13, 2015 the Eastern High Court of Denmark issued a decision in an appeal in interlocutory proceedings regarding an application for an interim injunction against the marketing and sale of generic medicines (birth-control pills) containing, inter alia, drospirenone.

Bayer is the proprietor of two patents regarding a method for producing drospirenone. On June 25, 2013 Bayer (immediately before the administration of justice reform on the jurisdiction of the Maritime and Commercial Court in proceedings regarding interim injunctions concerning intellectual property entered into force) filed an application for an interim injunction against Sandoz’ marketing and sale of generic pharmace [...]

Oticon v. GN Resound – infringement but no PI in Denmark

This week, the Maritime and Commercial Court inDenmark rendered a decision in a PI-case between Oticon A/S and GN ReSound A/S regarding alleged infringement of a patent as well as a utility model for certain antenna technology.

Oticon’s application for interim relief was, however, turned down, on the grounds that Oticon’s proprietary rights would not be forfeit if Oticon were referred to pursuing its claim for compensation in proceedings on the merits as a result of the infringement which the court found. Also, the grant of an interlocutory injunction was held by the court as being incompatible with the basic tenet of proportionality, i.e. the balancing of the respective parties’ inter [...]

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