High Court affirmation of injunction decision in pharmaceutical patent case 

The Eastern High Court affirms the district court ruling not to issue an injunction against the sale of generic pharmaceuticals (birth control pills).

On 13 February 2015, the Eastern High Court ruled in an appeal concerning generic pharmaceuticals (birth control pills) containing i.a. drospirenon.

Bayer is the owner of two patents concerning a manufacturing process of pharmaceuticals containing drospirenon and, on 25 June 2013 - immediately before the reform concerning the Maritime and Commercial High Court's authority in injunction proceedings within intellectual property rights came into force - Bayer requested the issuing of an interim injunction against Sandoz' marketing of generic pharmaceuticals containing i.a. drospirenon. The bailiff's court dismissed the request, and Bayer appealed against the decision to the Eastern High Court.

The case concerned the question whether the manufacturing process applied in relation to the disputed pharmaceuticals constituted an infringement of Bayer's exclusive rights under the patents in suit. The question was i.a. whether the application of specific catalysts constituted "important" features of the invention and whether the requirements for establishing an infringement per equivalence in relation to the application of other catalysts were obvious to a person skilled in the art.

Neither the bailiff's court nor the Eastern High Court found that Bayer had rendered infringement of either of the two patents probable.

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Anders Valentin

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