The Metropolitan Appeal Court Budapest, September 23, 2010, docket number, 8.Pkf. 26.402/2010/5
By its decision the court of first instance rejected Petitioner’s request for ordering a preliminary injunction prior to filing the main infringement claim. The Petitioner is the owner of a patent in which one product and one process invention are protected by main claims. The product main claim covers a pharmaceutical composition which contains a certain additive, namely hydroxypropyl methylcellulose (HPMC) for ensuring the sustained release of the active ingredient. The amount of HPMC is not specified in the main claim.