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Press

HOYNG ROKH MONEGIER triumphs in the Netherlands, boosting AstraZeneca’s litigation on Faslodex® in Europe

27 November 2018
Tue, 11/27/2018 (All day)

On 27 November 2018 the Court of Appeal of The Hague reversed the first instance court’s decision, confirming the validity of AstraZeneca’s patents on their breast cancer drug Faslodex® and reinstating the earlier injunction against Sandoz in PI proceedings.

With this decision the Court of Appeal confirms the earlier decision from the same Court (but different appeal judges) in PI proceedings rendered one year ago, which decision had surprisingly been overturned by the Dutch court of first instance in main proceedings in April of this year. Our team in Amsterdam was able to successfully reverse this decision on the merits some seven months later.

On the substance, the recent decision is important as it emphasizes the need for a clear incentive for the skilled person to apply the teaching of a prior art document to arrive at the claimed invention with a reasonable expectation of success. Try-and-see is not sufficient to show lack of inventive step, no matter how simple or straightforward the required further research of the skilled person is to show the suitability of the prior art disclosure to solve the objective technical problem.

For further questions please contact Willem Hoyng or Theo Blomme

  • 13 Rising Stars / 5 December 2019
    We are extremely proud to have no less than 13 lawyers recognised as Rising Stars by Managing IP.
  • The Madrid office of HOYNG ROKH MONEGIER has obtained an important victory for HUAWEI. In a decision dated 29 November 2019, Commercial Court no. 7 of Madrid has dismissed in its entirety a claim filed by a company called TOT POWER CONTROL (TOT) against HUAWEI and VODAFONE, regarding the use of OLPC (Outer Loop Power Control) technology.
  • HOYNG ROKH MONEGIER successfully acted for several publishing houses in the field of scientific and academic publications (Elsevier, Springer Nature, ao) against four leading Belgian Internet Service Providers (ISPs) (VOO, PROXIMUS, TELENET and BRUTELE).
  • Our Madrid office achieved a remarkable success acting in trademark litigation for our client Premier Tech, a leading Canadian company in, among others, the horticulture and agriculture product industry, against Spanish competitor Symborg, in relation to the use by this latter of the sign “MycoUp Activ”, similar to our client’s registered EU trademark “MycoActive”.
  • HOYNG ROKH MONEGIER represents the J.R. Simplot Company in a cross-border Community design dispute against McCain Foods, relating to the shape of Simplot’s proprietary twisted French fry potato product. Simplot argued McCain’s “Rustic Twist” french fry infringed their Community design.