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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 [...]

US: Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Please click here to find US patent cases from the the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case.

Recently added from our US IP Law Daily service:

Soverain Software LLC v. Victoria’s Secret Direct Brand Management, LLC, United States Court of Appeals, Federal Circuit, Nos. 2012-1649, 12 February 2015

Collateral estoppel invalidated a jury’s finding that Victoria’s Secret Direct Brand Management and Avon Products infringed five claims of two “sales system” patents owned by Soverain Software, the U.S. Court of Appeals for the Federal Circuit has ruled (Soverain Software LLC v. V [...]

Swiss Form Claims and Skinny Labelling – the Lyrica Case

Most readers will know that so-called Swiss form claims (“Use of drug X in the manufacture of a medicament for the treatment of disease Y”) were first proposed by the Enlarged Board of Appeal of the EPO in the EISAI case back in December 1984 to allow new uses for known drugs to be patented. This area is of considerable importance, because, as was set out in the resolution of AIPPI on this issue passed at the Toronto congress in September 2014: “Second medical uses may provide solutions to unmet medical needs and provide significant benefits to patients. They may require significant investment in research and development and represent socially, medically and economically valuable [...]

Punitive damages in Europe? The ECJ will have a word on it!

The newly established 15th Patent Senate of the Appeals Court of Düsseldorf (Presiding Judge Dr. Ulrike Voß) has referred a number of questions concerning the calculation of damages in IP cases to the European Court of Justice. This opens the floor for the ECJ to talk about damages, as far as I know for the first time in IP matters.

In the case which now has been referred to the ECJ plaintiff had already successfully sued defendant for infringement of its plant variety protection right and now tried to collect damages for the past infringement on the basis of a reasonable royalty. In calculating the damages on this basis, plaintiff requested to take into account several factors which he [...]

To suspend or not to suspend – Bundesgerichtshof on bifurcation

by Hetti Hilge

In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the enforcement of a parallel infringement finding (including an injunction) and, upon second review, remedied what it considers an unintended oversight by the legislator (“Planwidrige Regelungslücke”) in the specific circumstances of patent litigation and bifurcation. Effectively “overruling” its own previous decision in the very same case (Microsoft vs Motorola), the court now ordered the temporary suspension of the enforcement of an appeal court judgment finding for infringement, against t [...]

What happened to/in Summer 2014 in the Netherlands?

Before diving into this year’s Oktoberfest with the Munich IP community, colleague contributor Thorsten Bausch summarized the German Federal Court of Justice’s case law of Summer 2014. As the days of raising beer mugs and polka dancing come to an end in Munich, so does the Dutch Summer (finally). Time for an overview of what occupied the Dutch Courts these past months.

As in Germany, the doctrine of equivalence was considered by the Hague District Court. In the MBI/Shimano case the District Court applied the Dutch Supreme Court’s Medinol/Abbott findings on equivalence of a few months earlier (on stent litigation which meandered through Europe for years).

In Medinol/Abbott the Supreme C [...]

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