Teva Denmark applied for a marketing authorization for a generic product which would (admittedly) infringe upon the Novartis process patent if marketed. Novartis filed an application for an injunction prohibiting Teva from obtaining the authorization. Teva argued that the only purpose of the Danish application was to use Denmark as a reference country under the decentralized procedure. The main issue in the present case was whether applying for a marketing authorization was sufficient evidence that Teva would undertake the actions that Novartis sought prohibited cf. § 642, no. 2 in the Danish Administration of Justice Act. The enforcement court refused to grant an injunction as it found that applying for an authorization in itself did not constitute sufficient evidence that Teva would take steps to infringe the Novartis patent rights. The decision was appealed, and on appeal the application was granted.
In the confirmatory action before the Maritime and Commercial Court, the court stated that it should be possible for competitors to prepare marketing of their products before the patent expires and due to slow processing times for granting marketing authorization it was necessary that Teva filed an application at an early state. This, in combination with the fact that Teva had declared it would respect Novartis’ patent, meant that there was no evidence that Teva would infringe Novartis' patent rights. On these grounds, The Maritime and Commercial Court declined to grant an injunction, therefore adopting the decision of the enforcement court.