NL - Pfizer v. UVIT and VGZ

Pfizer Health AB v. UVIT U.A. and Pfizer Health AB v. VGZ Zorgverzekeraar N.V., District Court The Hague, The Netherlands, 16 December 2011, Case. No. 406470 / KG ZA 11-1302 and 407549 / KG ZA 11-1357

UVIT and VGZ are both health insurance companies. Within the framework of the so-called 'preference policy' the insurance companies can appoint one supplier of a pharmaceutical product as their preferred supplier for that pharmaceutical product, meaning that only products from that supplier will be reimbursed. The innovator, generics and parallel importers may all take part in a closed-bid auction and the insurance company will select the supplier who offers the largest discount relative to the standard public price.
 
Pfizer alleges that inviting companies to bid within the patent (SPC) term constitutes an infringing act or that it is otherwise unlawful. The preliminary relief judge rules that the acts of the insurance companies in relation to the auction are no infringing acts in the sense of the Dutch Patent Act. The judge does agree with Pfizer that bidding by the potential suppliers within the patent term is an infringing act. Provoking such acts could in principle be unlawful, according to the judge. However, the auction at stake in the present proceedings was prolonged by the insurers until after the end of the patent term. There was no proof that any infringing bids had been received within the patent term. Since the insurers have promised that they will further organise this auction in line with the present judgment, the judge finds that there is no need for an injunction.
 

Read the decision (in Dutch) here.

Head note: Paul van Dongen