Bayer Pharma AG v. Sandoz B.V., preliminary injunction proceedings, District Court The Hague, The Netherlands, 27 June 2012, Case No. / Docket No. 416220 / KG ZA 12-335
Bayer alleged that the generic version of its contraception pill 'Yasmin' marketed by Sandoz infringed its method patent EP 840 as the generic product is the direct result of the application of the method. Sandoz did not deny that it applies the method. However, it was of the opinion that there was a non negligible chance that the patent will be found to be invalid in proceedings on the merits. Therefore, an injunction should not be awarded.
After considering the invalidity arguments raised by Sandoz (added matter, lack of inventive step) the Judge in interlocutory proceedings found that there was no such non negligible chance based on the arguments presented in these proceedings. The injunction was therefore awarded.
Read the entire decision (in Dutch) here.