The Barcelona Court of Appeal confirmed a preliminary injunction ordered by Commercial Court number 4 of Barcelona on 9 June 2008 preventing the launch of several generics of Atorvastatin. One of the main arguments raised by the defendants in their appeal was that the company that had filed the application for a preliminary injunction did…

This is the first case in the Netherlands in which a patentee, whose patent was nullified in first instance in proceedings on the merits, requested a prohibition of infringement of this patent in preliminary injunction proceedings pending appeal of the first instance merits decision. The Preliminary Injunction Judge of the Court dismissed the request as…

The Court of Appeals Karlsruhe has decided that under specific circumstances the enforcement by a non-manufacturing licensing company of an injunction based on a standard-essential patent may be provisionally suspended against security payment by the defendant until the decision of the appeal. Although as a general rule of German procedural law the interest of a…

The court found that the annexes to the expert’s report, filed in the framework of descriptive seizure proceedings, contained confidential information which was not relevant to assess the alleged infringement. It therefore ordered the expert to remove the annexes from the report and enjoined Novartis from using the information contained therein, subject to a civil…