case | 14 Aug 2018

Setterwalls successfully acted for Sandoz in patent dispute

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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.

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