News

Pharma update | Dutch Court of Appeal: Pemetrexed patent Eli Lilly valid and infringed

In its judgment of 27 October 2020, the Court of Appeal of The Hague found that the generic pemetrexed tromethamine product of Fresenius Kabi Nederland B.V. (“Fresenius”) infringes EP 1 313 508 (‘EP‘508’), held by Eli Lilly and Company (“Lilly”). Yet again a turn of events in Dutch case law, where this issue has been
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Pharma update | AstraZeneca ordered to compensate damage health insurer Menzis for enforcing invalid patent

In a groundbreaking judgment of 14 October 2020, the District Court of The Hague ruled that AstraZeneca AB (‘AstraZeneca’) must compensate health insurer Menzis Zorgverzekeraar NV (‘Menzis’) for having enforced a patent that was later invalidated. AstraZeneca owned European patent EP 0 907 364 (“EP 364”) for a sustained-release (XR) formulation of quetiapine, an active
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Pharma update | Cross-border preliminary injunction granted regarding deferasirox

At the request of Novartis the Provisions Judge of the District Court of The Hague granted a preliminary injunction against Mylan BV for the alleged imminent infringement of Novartis’ paediatric extension (‘PE’) of Dutch SPC 300248 (‘SPC ‘248’) based on EP 0 914 118 (‘EP ‘118’).The product at issue contains deferasirox as the active ingredient
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Pharma update: pemetrexed tromethamine does not infringe pemetrexed disodium patent

In its judgment of 19 June 2019, the District Court of The Hague ruled that Fresenius Kabi’s pemetrexed tromethamine falls outside the scope of protection of Eli Lilly’s patent for pemetrexed disodium. This final relief decision deviates from earlier decisions in interim relief proceedings and decisions by several foreign courts. Eli Lilly (“Lilly”) markets the
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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: 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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