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…

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…

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…

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…

We have previously reported (post 28 August 2012) on ongoing litigation in Denmark between DuPont/Danisco and Novozymes resulting at the time in the grant of an interlocutory injunction being firstly granted and then revoked as the patent-in-suit was subsequently invalidated. In a more recent development, DuPont/Danisco filed suit at the Maritime & Commercial Court (MCC)…

Since July 2013 when the Danish Maritime & Commercial Court (MCC) took over as IPR specialty court in Denmark for PI cases also, the technical judges have taken part in the adjudication of PI patent cases also. Although the MCC has no legal basis to render judgement declaring patents in the course of PI proceedings,…

The Danish Maritime & Commercial Court recently granted an interlocutory injunction in a patent dispute relating to 2nd medical use claims (Novartis v. Orifarm Generics case A-0006-14)). The Novartis patent claim language included a specification for a TTS (transdermal therapeutic system) for administering Rivastigmine in the treatment of Alzheimers: “Rivastigmine for use in a method…

In 1984 Albert Hedegaard submitted a national patent application to the Danish Patent Office concerning an air-assisted device for spraying crops with pesticides. Hardi International A/S filed an opposition against the patent application with the Danish Patent Office. When finally granted in 1996, the patent had been substantially limited and the claims had been amended…