** Now including a translation in English **
"Less than a year after the first instance judgment of the Brussels Commercial Court (see here), the Brussels Court of Appeal has rendered its final decision in the escitalopram case. The first instance decision of 3 October 2011, under which Lundbeck’s Belgian escitalopram SPC had been revoked, is completely overturned, and the Court of Appeal confirms the validity of the SPC and the underlying basic patent.
"In particular, the Court finds that both the product claims as well as the process claim of the patent are new and inventive, and that the requirements of Articles 3(c) and 3(d) SPC Regulation are met. Consequently, any generic product containing escitalopram as active ingredient is held to be infringing and the requested injunction is granted.
"The (128 page) judgment is well-motivated and analyzes in detail the nullity arguments raised by the generics, dismissing them one by one.
"When dealing with the issues of patent validity, the Court repeatedly refers to the EPO case law and Guidelines:
Read the entire summary in English here.
Read the decision (in Dutch) here.
Read the decision (in English) here.