News
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: 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: 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: 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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