The Metropolitan Tribunal in Budapest
refuses to withdraw preliminary injunctions in the VIAGRA case after the first
instance revocation of the patent
Not long after the Metropolitan Tribunal had granted six preliminary injunctions against distributors of generic versions of VIAGRA (see post of October 2012) the Hungarian Intellectual Property Office (HIPO) revoked the underlying national patent.
Each defendant of the six parallel cases requested the withdrawal of the respective preliminary injunction immediately but the Metropolitan Tribunal Court rejected each request and maintained the injunctions (in one case an out-of-court agreement was reached). The importance of the decision lies in the fact that this is the first time that the first instance revocation of the patent did not prevent the patentee from keeping a preliminary injunction against presumably infringing products. The present report is based on one of the remaining five cases, as the questions dealt with by the court were similar in each proceeding.