Lawsuits

Lawsuits
English

Court litigation against the Medicines Evaluation Board on amending marketing authorisations for pharmaceuticals (Utrecht District Court, case numbers: SBR 10/2689 and SBR 10/2825) (2012).

Over-the-counter medicines Revised marketing authorisations Change of dispensing status. Dutch Medicines Act. Medicines Act Regulation. Ban on restricting the free movement of goods. 

Sections of the law: Medicines Act 58 paragraph 3, 59 paragraph 1, Medicines Act Regulation 4.1; Treaty on the Functioning of the European Union 34, 36. 

 

Summary: 

Twentse Damast vs Koninklijke Ten Cate, interim court proceedings for the lifting of the attachment of evidence (2014)

Attachment had been levied on one of our client's sales records for certain branded and other products (pursuant to Article 843a Netherlands Code of Civil Procedure). This information was intended to serve as evidence regarding a claim for the revocation of our client's trademark right. However, in order for attachment to be valid, a "claim in the main action" must be instituted sufficiently early for the court hearing the main action to assess the claim. No such claim had, however, been instituted in the main action, concerning a claim for access to the records.

LEO Pharma vs Sandoz (Supreme Court) (patent for calcipotriol monohydrate) (2014)

This case had been ongoing since late 2007. LEO Pharma had a patent for crystalline calcipotriol monohydrate. A central issue in this case was the application of the Problem Solution Approach as applied by the European Patent Office. The district court had considered the patent valid and had allowed LEO Pharma's infringement claims. The The Hague Court of Appeal quashed the district court's ruling and dismissed the claims.

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