The Case In 2016, Fresenius requested a declaration of non-infringement in Italy for its pemetrexed diacid product in respect of Lilly’s European patent EP1313508. Lilly’s patent was amended during prosecution to specify in claim 1 that pemetrexed disodium...
When is a Threat Actionable? In determining whether a threat has been made, the following question should be asked:- Would a reasonable person in the shoes of the recipient understand from the communication that a patent exists and that legal action is intended for an...
In 2010 Apotex started to sell a generic version of this drug and AstraZeneca brought an action against Apotex for patent infringement. In response Apotex counter-claimed to have the patent declared invalid. In the first instance decision the Judge held that the...
Introduction Of all people involved in the filing, prosecution and enforcement of patent rights, it could be argued that none are as important as the drafters of the initial application. Regardless of the skill and experience of the litigators, certain errors or...
The recent interim Patents Court decision of Napp Pharmaceutical Holdings Limited v (1) Dr Reddy’s Laboratories (2) Sandoz Limited (and others) [2017] EWHC 1433 (Pat) provides guidance on how the court calculates damages associated with an interim injunction and...
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