AstraZeneca AB v. Teva Pharma Belgium NV and AstraZeneca AB v. Sandoz NV, Court of Appeal Brussels, Belgium, 10 November 2015, and 9 November 2015, Case No. 2015/KR/20 and 2014/KR/232, with thanks to Carl De Meyer, Liesbeth Weynants and Carina Gommers, HOYNG ROKH MONEGIER, for sending in the cases and a head note in English
The appellate court of Brussels reconfirmed that AstraZeneca is still entitled to injunctive relief notwithstanding the revocation of AstraZeneca’s patent in first instance. The court considered that AstraZeneca made it sufficiently plausible that its appeal in the revocation action will succeed and therefore granted the preliminary injunction including a recall of Teva’s currently commercialized products.
In a decision rendered last week by the same appellate court, AstraZeneca obtained a favourable decision against Sandoz with respect to AstraZeneca’s blockbuster sustained-release formulation of quetiapine (Seroquel XR®) to treat schizophrenia and related diseases.