AstraZeneca - CJEU's decision re. abuse of dominant position (Losec) *

European Union, Netherlands - December 7 2012
In a judgment of 6 December 2012, the Court of Justice dismissed AstraZeneca's appeal against the General Court's decision that the company had abused its dominant position with respect to its blockbuster anti-ulcer drug, Losec.

Co-authors: Charles van Sasse van Ysselt , Vincent Wellens, Florence Verhoestraete, Christel Brion , Herman Speyart.

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Healthcare policy meets patent law: preferential treatment of generics while the originator has patent protection *

Netherlands - September 26 2012
The Court of Appeals of The Hague has recently ruled that healthcare insurance companies, by inviting parties to bid in a tender to become the preferred supplier of a medicinal product which is still under patent (SPC) protection, do not infringe the originator's patent and do not commit an "unlawful act" (i.e. a tort).

Co-authors: Vincent Wellens, Florence Verhoestraete.

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New chapter in Dutch cross-border practice *

Netherlands - August 16 2012
Yesterday the Dutch preliminary relief judge has ordered a Dutch defendant to stop the promotion and/or facilitation of patent infringement in Portugal.

Co-authors: Emma de Groot, Paul van Dongen.

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European cross-border injunctions revisited. Court of Justice goes Dutch *

European Union, Netherlands - July 18 2012
On July 12, 2012 the Court of Justice of the European Union ("CoJ") rendered its judgment in the Solvay/Honeywell-case (C-616/10).

Co-authors: Charles Gielen, Anne Marie Verschuur.

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The CJEU rules on SPCs for combination products: jugdments in Medeva (C-322/10) and Georgetown University (C-422/10). *

European Union, United Kingdom - December 2 2011
An SPC relating to active ingredients not specified in the wording of the claims of the basic patent cannot be granted.

Co-authors: Florence Verhoestraete, Paul van Dongen.

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