Astellas Pharma Inc. et al. v Synthon Hispania et al., Barcelona Commercial Court no. 10, 30 June 2014, ordinary declarative action 725/2011 – 2, judgment no. 118/2014
Patent infringed despite restrictive functional interpretation of product features
Astellas Pharma Inc. (and others) sued Synthon Hispania (and others) for infringement of the Spanish part of European patent 0 661 045. The patent protects a sustained-release hydrogel preparation containing tamsulosin hydrochloride. Synthon Hispania was accused of manufacturing and selling generic tablets which fall within the scope of claims 1 and 6 of the patent.
On 30 June 2014, the Barcelona Commercial Court rendered its judgment in proceedings on the merits. The Court found the patent to be infringed. The judgment is remarkable, as the decision hinges on the functional interpretation of product features which, in the end, lead to a scope which falls short of the literal wording.