District Court The Hague, 22 December 2010, case- /docketno. 346123 / HA ZA 09-2871, Janssen Pharmaceutica N.V. v Pharmachemie B.V. and Mosadex C.V. (Interim judgment)
This case concerns the patent of Janssen for a pharmaceutical composition comprising a compound of a specified formula and a blood pressure reducing agent (claim 4 of the patent). Pharmachemie markets a product containing nebivolol. Nebivolol consists of l-nebivolol (or: RSSS) which is the specified compound, and d-nebivolol, which is the other compound (or: SRRR) and is specified in claim 6 (dependent on claim 4) of the patent.
Section 28 of the Court of Appeal of Madrid has recently confirmed the first instance decision ordering Teva Genéricos Española (Teva) to temporarily refrain from commercializing in Spain generic drugs with the active compound galantamine for the treatment of Alzheimer and related diseases.
Janssen had brought legal actions against Teva for the infringement of the SPC no. C 20010009, which, expiring on 15 January 2012, had been granted over the basic patent EP 236684, validated in Spain as ES 2000428. Said patent (and accordingly its SPC) protects the use of the compound galantamine, or a pharmaceutically acceptable acid addition salt thereof -which is the active compound of Janssen's Reminyl® product- to prepare a medicinal product for the treatment of Alzheimer and related diseases.
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