News

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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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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