Setterwalls successfully acted for Sandoz in patent dispute

The Patent and Market Court of Appeal held that patent probably would be revoked and denied request for preliminary injunction

Eli Lilly sued Sandoz and requested the Court to issue a preliminary injunction against Sandioz for alleged infringement of a patent concerning dosage forms of pharmaceuticals used in the treatment of sexual dysfunction. Sandoz filed a revocation action against the patent and contested the alleged infringement on the ground that the patent should be revoked as the alleged invention lacked novelty and inventive step. In a decision announced on 26 April 2018, the Patent and Market Court held that the patent probably will be revoked and therefore denied Eli Lilly’s request for a preliminary injunction. Following an appeal by Eli Lilly, the Patent and Market Court of Appeal upheld the outcome in a decision announced on 29 June 2018. Now, the Patent and Market Court will proceed with a thorough assessment of the validity of the patent. The final judgment is expected in the summer of 2019. The preliminary injunction decisions are noteworthy as they possibly indicate a change in how the Courts conduct preliminary infringement assessments and apply the so-called presumtion of validity.