H. Lundbeck S/A v. Sandoz B.V., District Court The Hague, The Netherlands, 14 August 2012, Case No. 424154 / KG ZA 12-787, with thanks to Willem Hoyng, Jeroen den Hartog and Geert Theuws, Hoyng Monegier, for sending in the judgment and a translation in English
*** Now with translation in English ***
The Judge in Interlocutory Proceedings of the District Court in The Hague ordered a preliminary injunction against Sandoz based on Lundbeck’s escitalopram patent.
The Judge followed Lundbeck’s reasoning that an earlier decision of the Dutch Court of Appeal (which may be read here), stating (in brief) that a substance may only be patented if the substance itself is inventive, is likely to be erroneous. The Judge awarded the injunction based on a process claim in the patent. Sandoz, according to the Judge, did not successfully argue that it did not implement the patented process.
Interestingly, the Judge awarded a provisional injunction already at the oral hearing, for the duration of the preliminary injunction proceedings.
Read the decision (in Dutch) here.
Read the decision (in English) here.