We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 30

Medical products: to be or not to be?
  • Bird & Bird
  • Germany
  • July 28 2010

The German Federal Court of Justice has given a key decision in its judgment of 14 January 2010 (Case I ZR 13807) relating to the differentiation of foodstuffs and medicinal products in borderline cases


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


CJEU decides that binding retail price maintenance for prescription drugs in Germany violates EU law
  • Bird & Bird
  • European Union, Germany
  • October 19 2016

Upon a referral for preliminary ruling of the Higher Regional Court of Düsseldorf the CJEU Case C 14815 had to concern itself with the German law


CJEU rules on non-corrective colour contact lenses
  • Bird & Bird
  • European Union, Germany
  • November 17 2015

On 3 September 2015, the Court of Justice of the European Union (CJEU) delivered its ruling in case C-32114 Colena AG v Karnevalservice Bastian GmbH


The Bolar exemption protection of API suppliers
  • Bird & Bird
  • European Union, Germany
  • May 18 2014

The CJEU has recently been asked by the German courts to consider whether the Bolar exemption extends to a third party manufacturer which supplies a


FSC decides on patentability of neural progenitor cells II (Brustle)
  • Bird & Bird
  • Germany
  • February 25 2013

Recently, the German Federal Supreme Court decided on a nullity action on the patentability of progenitor cells extracted from human embryonic stem


German Federal Cartel Office encourages German drug makers to challenge purchasing cooperation of health insurance companies before courts
  • Bird & Bird
  • Germany
  • March 26 2007

On 22 November 2006, the German Federal Cartel Office (FCO) wrote a letter to all German associations of pharmaceutical companies informing them that the FCO will not commence proceedings against the cooperation regarding procurement planned by 16 health insurance companies (Allgemeine Ortskrankenkassen, “AOK”), however, the FCO encouraged the associations to challenge the procurement cooperation before the courts


German Federal Cartel Office imposes fine against Rossmann for below-cost selling
  • Bird & Bird
  • Germany
  • March 26 2007

The German Federal Cartel Office (FCO) has imposed a fine of 300,000 against Rossmann


End of German Olanzapine battle: Federal Supreme Court upholds patent
  • Bird & Bird
  • 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


Denial of absolute product protection for DNA-patents (CJ decision in Monsanto v Cefetra, C- 42808) a German perspective
  • Bird & Bird
  • European Union, Germany
  • July 27 2010

The Court of Justice of the European Communities just recently denied absolute product protection of patent claims directed to DNA sequences in the case Monsanto v Cefetra and others, C- 42808