Ferring International Center S.A. v. Medac Gesellschaft für klinische Spezialpräparate GMbH and Gebro Pharma GmbH, Medac Gesellschaft für klinische Spezialpräparate GMbH v. Ferring International Center S.A, Svea Court of Appeal, Sweden, 28 January 2013, Docket No. T 3508-11
On appeal of a District Court of Stockholm judgment in joint infringement and invalidity proceedings previously reported on the EPLAW Patent Blog (read that decision here), the Svea Court of Appeal confirmed the District Court’s judgment regarding the issue of invalidity and declared Ferring’s Swedish patent invalid. Similar to the District Court’s assessment, the Svea Court of Appeal found that the patent met the requirement of novelty but declared the patent invalid due to lack of inventive step.
Since the patent was found to be invalid, the Svea Court of Appeal concluded that Medac’s actions did not constitute infringement (not of the patent claims as granted, nor of the revised patent claims after the requested limitations). The District Court had, awaiting the judgment of the Court of Appeal, assessed whether the disputed patent had been infringed based on the hypothetical assumption that the patent was valid. The Court of Appeal therefore declared that the assessment of the remaining issues (in the infringement case that had been stayed) shall proceed as if the patent has not been infringed by Medac.