News
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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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: 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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