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Results: 1-10 of 22

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


ECJ: no pharmacy chains in Germany
  • Bird & Bird
  • Germany, European Union
  • July 17 2009

On 19 May 2009 the European Court of Justice (ECJ) has confirmed that Germany can have national legislation which prevents non-pharmacists from owning and operating pharmacies (joined cases C-17107 and C- 172-07


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


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


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


Federal Supreme Court of Germany decides on second medical use claims that relate to dosage recommendations
  • Bird & Bird
  • Germany
  • 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 .”


New ECJ reference in relation to supplementary protection certificates for medicinal products
  • Bird & Bird
  • United Kingdom, European Union, Germany
  • 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


Dispute between the Federal Ministry of Health and the Federal Cartel Office over privatisation of hospitals
  • Bird & Bird
  • Germany
  • October 30 2007

The Federal Cartel Office has approved the acquisition of the psychiatric clinic Wunstorf from the federal state of Lower Saxony by the Klinikum Region Hannover GmbH only after imposing conditions


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


Food: to be or not to be!
  • Bird & Bird
  • Germany
  • July 21 2010

The German Federal Court of Justice has passed a cornerstone decision by its judgment dated 14 January 2010, case I ZR 13807, relating to the differentiation of foodstuff and medicines in borderline cases