The Barcelona Court of Appeal found that the process used by the defendants to obtain amlodipine was not equivalent to the process protected by the patent in suit. The Court relied on the three Catnic questions test, applied by the English Courts until 2004, to come to this conclusion that the patent was not infringed…

The District Court of The Hague held that Abbott does not infringe Medinol’s patent. According to the Court there is also no reason to accept infringement by equivalence, since the meander patterns in the infringing embodiment fulfill another function than the claimed ‘second meander patterns’ as further explained in the patent in suit. This means…

The Antwerp Commercial Court dismissed Merck’s claim for injunctive relief against Teva, ruling that Teva’s montelukast-based generic medicines do not infringe Merck’s European patent (EP 0 737 186) with respect to an improved process for preparation of the active ingredient montelukast, either literally or by equivalents. A full summary of this case has been published…

In this decision the Danish Supreme Court for the first time uses equivalents as a legal base for violation of a patent. Equivalents have long been a part of Danish patent law, but the Supreme Court has been cautious and reserved concerning their use. The respondent in this case had a Danish patent, concerning a…