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Results: 1-10 of 28

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


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


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


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


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


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


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