In a judgment on 24 January 2017, the Maritime and Commercial High Court awarded Teva DKK 100m in damages for an unjustified injunction granted in April 2012. As far as we know, this is the largest amount in damages ever awarded in Danish patent proceedings. Bech-Bruun assisted Teva in the proceedings.
Teva is the owner of a marketing authorisation for the medicinal product Quetiapin ”Teva” SR, which is a so-called atypical antipsychotic, used, among other things, in the treatment of schizophrenia.
In April 2012, AstraZeneca obtained an injunction against Teva’s sale of Quetiapin ”Teva” SR on the basis of AstraZeneca’s patent DK/EP 0907364. On 17 June 2016, the Maritime and Commercial High Court found the patent to be invalid and against this background held that the injunction was unjustified.
The issue of damages for the unjustified injunction was to be heard in a separate hearing and by way of judgment of 24 January 2017, the Maritime and Commercial High Court held that Teva had suffered a substantial loss as a consequence of the unjustified injunction. Damages were set discretionarily at DKK 100m.
Judgment of the Maritime and Commercial High Court
The Maritime and Commercial High Court held that AstraZeneca was liable in damages and that Teva was to be placed in a position as if the injunction had not been granted.
On the basis of the information in the case, the Maritime and Commercial High Court took into account that the lost revenues calculated by Teva only related to the Danish market. The Maritime and Commercial High Court further found that Teva, with the statement of loss prepared, had proved to have suffered a substantial loss.
With reference to the fact that some degree of uncertainty was associated with the statement, Teva’s damages were set discretionarily at DKK 100m.