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Results: 1-10 of 36

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


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


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


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


Federal Patent Court grants compulsory license
  • Bird & Bird
  • Germany
  • July 24 2017

The grant of a compulsory licence for the distribution of MSD’s HIV medicament "Isentress" (generic name raltegravir) by the German Federal Patent


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


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


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 .”


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