News
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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Creative thinking and doing: Dutch Kidney Foundation
With the design and implementation of the Neokidney Project the Dutch Kidney Foundation heads for a new ambitious direction. The portable artificial kidney has major positive implications for kidney patients and is indicative of the innovative role that the Kidney Foundation gladly takes on. Major progress has been made since the idea originated. Two people
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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: AG opinion Sun v Novartis on indirect infringement of Swiss-type claims
On 30 September 2016, Advocate General Van Peursem handed down his opinion on the Supreme Court appeal grounds of Sun Pharmaceutical Industries (Europe) B.V. (‘Sun’) against the preliminary injunction decision of the Court of Appeal of The Hague of 27 January 2015, in which the Court ruled that Sun had committed indirect infringement of a
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Pharma update: rivastigmine patent Novartis held invalid
On 6 July 2016 the The Hague District Court handed down its decision in the final relief infringement proceedings that Novartis initiated against Alvogen and Focus Farma. The Court rejected Novartis’ claim based on infringement of its patent for patches containing rivastigmine, because the patent was invalid. Novartis AG is co-owner of EP 2 292
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Pharma update: carve out generic pregabalin
On 15 January 2016 the Provisions Judge of the The Hague District Court handed down his decision in interim relief proceedings in the case of Warner-Lambert Company LLC vs. The State (Ministry of Health, CBG), ordering CBG (the Dutch MEB) to replace the online versions of the full label SmPC and PIL for generic pregabalin
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Pharma update: Enforcement second medical use patent – new developments
In its interlocutory judgement of 25 November 2015 in the case Sun Pharmaceutical Industries (Europe) B.V. v. Novartis et al.the District Court of The Hague ruled that Sun has not indirectly infringed Novartis’ second medical use patent EP 1 2 96 689 (EP ‘689) relating to the treatment of osteoporosis. With its judgment, the District
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