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105 results found


Hogan Lovells | Spain | 14 Oct 2010

Spanish Supreme Court rules on Bolar and experimental research exemption

In a decision of 30 June 2010, the Spanish Supreme Court ruled that the Bolar provision implemented in Spain in July 2006 did not have a retroactive effect.


Herbert Smith Freehills LLP | Australia | 14 Oct 2009

Round two, Wyeth v Alphapharm: patent infringement urgent injunction application

On 25 August 2009, the Federal Court ordered Alphapharm to stop marketing and supplying the anti-depressant Enlafax-XR pending the final hearing and determination of the patent proceedings between Alphapharm and Wyeth.


Davies Collison Cave | Australia | 30 Sep 2009

When (unquantifiable) loss is more another interlocutory battle between originator and generic

In the recent Federal Court decision of Sigma Pharmaceuticals (Australia) Pty Ltd (ACN 004 118 594) v Wyeth 2009 FCA 595 the patentee, Wyeth, successfully applied for interlocutory injunctive relief restraining Sigma from supplying a generic drug used to treat patients suffering from central nervous system disorders including depression.


Locke Lord LLP | USA | 13 Oct 2008

Generic may bring declaratory judgment action despite covenant not to sue

The Federal Circuit recently held that a unilateral covenant not to sue a competitor did not prevent a generic drug applicant from bringing a declaratory judgment action challenging the brand company’s patent.

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