Publications and blogs - BarentsKrans

Publications & Blogs

May 3, 2024
IP & Technology Pharma & Regulatory

Pharma Alert | Novartis/Pharmathen decision confirmed on appeal

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September 12, 2023
IP & Technology Life Sciences Patents & Technology Pharma & Regulatory

Pharma Alert | Apixaban decision overturned on appeal: injunction granted

By judgment of 15 August 2023 in PI proceedings brought by Bristol-Myers Squibb, the Court of Appeal of The Hague prohibited Sandoz, Stada and Teva from marketing generic apixaban.
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March 30, 2023
IP & Technology Patents & Technology

Unified Patent Court nears, Opt-out or not?

The Unified Patent Court has the potential to change a lot about how inventions are protected in European patent practice. The UPC brings both certainty and uncertainty and has advantages, but certainly also disadvantages.
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March 30, 2023
IP & Technology Patents & Technology Trade marks, designs and advertising

State of the Art

In ‘State of the Art’, our lawyers from the IP & Technology practice group share their expertise on the main themes and current developments within information law.
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March 7, 2023
IP & Technology Patents & Technology

Telecoms update | District Court rejects PI in SEP Infringement proceedings against Oppo distributors

By decision of 11 January 2023, the District Court of The Hague (the Court) rejected Nokia’s claim for a preliminary injunction against Oleading B.V. and Reflection Investment B.V. (Oppo Distributors) regarding the alleged infringement of Standard Essential Patents (SEPs).
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December 8, 2022
IP & Technology Patents & Technology

Telecoms update | District Court rejects Orope’s invalidity claims against two SEPs of Nokia

On 7 September 2022, the District Court of The Hague (“the Court”) rendered judgment in two final relief proceedings between Orope Germany GmbH (“Orope Germany”) and Nokia Solutions and Networks OY (“Nokia”) regarding the alleged invalidity of two of Nokia’s SEPs.
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October 28, 2022
IP & Technology Life Sciences Patents & Technology Pharma & Regulatory

Pharma update | Fingolimod Preliminary Injunction also rejected in Appeal

The Court of Appeal of The Hague affirms the first instance decision in which the PI judge of the District Court rejected Novartis’ claim for a preliminary injunction against Mylan.
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July 11, 2022
IP & Technology Patents & Technology Pharma & Regulatory

Pharma update | PI judge holds fingolimod 0.5 mg patent provisionally invalid

In its interim relief decision of 21 June 2022 the PI Judge of the District Court of The Hague held Novartis’ EP 2 959 894 (“EP 894”) re fingolimod 0.5 mg provisionally invalid. This is the first substantive PI decision on this matter in Europa, where several proceedings between Novartis and Mylan are pending.
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June 1, 2022
IP & Technology Life Sciences Pharma & Regulatory

Pharma update | Apixaban patent and SPC provisionally held invalid

In its decision of 10 May 2022 in PI proceedings between Bristol-Myers Squibb Holdings Ireland Unlimited Company (“BMS”) and Sandoz B.V. (“Sandoz”), the PI judge of the District Court of The Hague denied BMS’ claim for injunctive relief regarding the sale of generic apixaban by Sandoz. According to the Judge, there is no inventive step due to lack of plausibility and therefore a good chance that the patent (and the SPC) will be held invalid in final relief proceedings.
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April 29, 2022
IP & Technology Patents & Technology

Court finds Mammoet’s press release unlawful

Huisman had issued a press announcement that it had concluded an agreement with BMW for the design and construction of a so-called “ringer crane”. Following Huisman’s press statement, Mammoet issued a press release entitled “Mammoet starts investigation of patent infringement by Huisman and BMS”, in which it refers to the ringer crane to be built by Huisman. Huisman sued Mammoet, arguing that the suggestion that Huisman was committing patent infringement was unlawful. The Provisions Judge of the District Court in…
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April 26, 2022
IP & Technology Patents & Technology

BarentsKrans repels Novartis’ bid for fingolimod PI

The District Court of The Hague (Provisions Judge) has rejected Novartis’ application, based on a patent application, for a preliminary injunction (PI), meaning Mylan can market its generic drug containing fingolimod in the Netherlands at least prior to the grant of the patent. The EPO’s Technical Board of Appeal had recently cleared the way for the granting of the patent-in-suit.
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April 4, 2022
IP & Technology Patents & Technology

Pharma update | Market entry of generic fingolimod before patent grant is not unlawful

In its interim decision of 22 March 2022 the PI judge of the District Court of The Hague ruled in the PI proceedings in Novartis v Mylan that the market entry by Mylan with its generic fingolimod 0.5mg product prior to Novartis’ patent entering into force, is not unlawful. Given the very short time between summons and hearing, the PI judge further held that the case should be stayed until 17 May for further assessment of the invalidity defences, allowing…
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