News
Rankings Chambers Global 2019: again great results for BarentsKrans
Chambers Global 2019 was published today, the guide that provides a global overview of five international jurisdictions. BarentsKrans has a number of wonderful mentions for Corporate/M&A, Intellectual Property and Dispute Resolution. Feedback from clients and peers The yearly Chambers ranking lists are based upon feedback received from clients as well as peer reviews. Chambers is
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Pharma update: SPC for ezetimibe + simvastatin provisionally invalid
In its judgment in interim relief proceedings of 23 October 2018 in the case Merck Sharp & Dohme Corp. / Teva Nederland B.V., Pharmachemie B.V. and Centrafarm B.V. the Court of Appeal of The Hague denied Merck Sharp & Dohme’s claim for injunctive relief regarding the sale of a generic combination product of ezetimibe +
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Pharma update: injunction against generic combination of ezetimibe and simvastatin denied
In the interim relief decision of 11 June 2018 (ECLI:NL:RBDHA:2018:6802) in the matter Merck Sharp & Dohme Corp. / Teva Nederland B.V, Pharmachemie B.V. and Centrafarm B.V. the Provisions Judge of the District Court of The Hague rejected the claim of Merck Sharp & Dohme Corp. for an injunction against the distribution of the generic combination
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Pharma update: tadalafil patent invalidated
The District Court of The Hague has invalidated ICOS’ patent EP 1 173 181 B3 (‘EP ‘181’) claiming a dosage range of tadalafil for the treatment of sexual dysfunction. Icos Corporation (‘Icos’), an Eli Lilly and Company subsidiary, distributes the medicinal product Cialis® containing tadalafil for the treatment of sexual dysfunction in adult men. EP
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Marleen van den Horst receives Client Choice award
Each year, Client Choice recognises those law firm partners around the world that stand apart for the excellent client service they provide. Uniquely, these awards survey senior corporate counsel only, with this year’s winners chosen from a pool of more than 2,000 individual client assessments. On February 8 the award for Healthcare & Life Sciences
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Pharma update: Indirect infringement of Swiss type claims is possible
In its judgment of 3 November 2017 in the case between Merck Sharp & Dohme (‘MSD’) and Teva, the Dutch Supreme Court ruled (ECLI:NL:HR:2017:2807) that indirect infringement of a ‘Swiss type’ second medical use patent claim is possible. In addition, the Supreme Court found that there is no difference in the scope of protection of second
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Generic Pemetrexed Diacid infringes patent Pemetrexed Disodium
In two judgments of 24 October 2017, the Provisions Judge of the District Court in The Hague held that Teva’s and Fresenius Kabi’s generic pemetrexed diacid products infringe EP 1 313 508 (‘EP ‘508’) of Eli Lilly. EP ‘508 relates to the use of pemetrexed disodium in combination with vitamin B12 for the treatment of certain
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Pharma update: long-awaited final relief judgment on enforcement second medical use patent
In its final relief judgement of 5 April 2017 in Sun Pharmaceutical Industries (Europe) B.V. (“Sun“) v. Novartis et al. (“Novartis”), the District Court of The Hague ruled that Sun has directly infringed Novartis’ second medical use patent EP 1 296 689 (EP ‘689) which relates to the treatment of osteoporosis. Previously, in its interim
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Pharma update: tadalafil patent obvious to Dutch court
On 26 October 2016 the District Court of The Hague held Icos Corporation’s patent for a formulation of tadalafil invalid in proceedings initiated by Actelion Pharmaceutical Inc. In its reasoning, the Court applied the “try and see” test. Icos owns European Patent EP 1 200 092 (EP092) relating to a small-sized-particle formulation of the known
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Pharma update: MSD and Teva plead on subgroup indication patents
In its decision of 14 July 2015, the Court of Appeal of The Hague had decided that there is a difference in the scope of protection of second medical use patents and subgroup indication patents. On 30 September 2016, Merck Sharp & Dohme (‘MSD’) and Teva pleaded their case before the Dutch Supreme Court. The
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