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Federal Supreme Court of Germany decides on second medical use claims that relate to dosage recommendations
- Bird & Bird
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- Germany
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- May 29 2007
In the decision Carvedilol II (file X ZR 23601), the Federal Supreme Court had to deal with the validity of the German part of a European patent that was defended with a main claim, the essential part of which reads as follows: “Use of Carvedilol for the manufacture of a medicament , wherein the medicament is administered in an initial dose of 3.125 mg , daily for a period of 7- 28 days .”
The Lundbeck cases; different decision on validity patent in different European countries
- De Brauw Blackstone Westbroek
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- Germany, Netherlands, United Kingdom
- -
- July 31 2009
What is interesting about the Lundbeck cases is that Lundbeck initiated several patent infringement cases in Europe (in the Netherlands, Germany and in the UK) and that each court decided differently on the validity of the Lundbeck patent
End of German Olanzapine battle: Federal Supreme Court upholds patent
- Bird & Bird
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- Germany
- -
- March 11 2009
On December 16, 2008 the Federal Supreme Court gave its judgment determining the validity of the Olanzapine patent, this was further to its revocation by the Federal Patent Court at first instance
Does requesting and receiving approval for a pharmaceutical create a threat of patent infringement? A German perspective
- Bird & Bird
- -
- Germany
- -
- February 28 2008
Under German law, neither the application for a marketing approval nor obtaining it constitutes a ‘use’ act under Section 9 German Patent Act
New ECJ reference in relation to supplementary protection certificates for medicinal products
- Bird & Bird
- -
- European Union, Germany, United Kingdom
- -
- December 20 2007
The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC
German Federal Patent Court invalidates Pfizer’s Lipitor patent
- McDermott Will & Emery
- -
- Germany
- -
- December 28 2007
Invalidating all relevant claims of the patent-in-suit, the Federal Patent Court of Germany handed down a decision for Ranbaxy Laboratories’ German subsidiary Basics GmbH in its case against Warner Lambert’s European Patent 0,409,281 (EP ’281) owned by Pfizer
Federal Supreme Court passes stem cell case to ECJ
- Cohausz & Florack
- -
- European Union, Germany
- -
- December 9 2009
On 12th November 2009 the Federal Supreme Court was due to consider the patentability of methods to generate cells from embryonic stem cells
Current Search
- Jurisdiction - Germany
- Workarea - Litigation
- Workarea - Intellectual Property
- Workarea - Healthcare