The Metropolitan Tribunal (Budapest) has granted at first instance a preliminary injunction in a pharmaceutical patent infringement case based on a supplementary protection certificate.
The case involved two plaintiffs, one of them being the exclusive licensee of the subject SPC, while the other is a pharmaceutical company who acquired from the first plaintiff the marketing authorization of the product protected by the SPC in Hungary. The holder of the SPC was not party to the case, it empowered the first plaintiff to proceed in its own name. The defendant was a Hungarian company importing and marketing a pharmaceutical preparation that infringed the SPC in the view of the plaintiffs. The main claim of the basic patent covered the synergetic combination of two compounds as active agents in a pharmaceutical preparation , while one of the subclaims defined the ratio of the agents. The basic patent expired in 2012.