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

  • In the landmark Philips Nokia judgement of 1 December 2011 (joined cases C 446/09 and C 495/09) the CJEU responded to a referral by the Antwerp Court of First Instance that in the context of an infringement action it is up to the holder of the intellectual property right to demonstrate that the allegedly infringing goods are intended to be put on sale in the European Union.
  • The EUIPO has released its long awaited “Study on legislative measures related to online IPR infringements”, Carina Gommers and Stephanie Hermoye drafted the Belgian submission on civil measures.
  • Fabienne Brison is pleased to announce the publication of the 4th edition of "Huldeboek/Hommage à Jan Corbet: Het Belgische auteursrecht. Artikelsgewijze commentaar / Le droit d'auteur belge. Commentaire par article", published by Larcier.
  • The Spanish Patent Act / 8 June 2018
    Luis Fernández-Novoa Valladares from our Madrid office recently published an article on the new Spanish Patent Act in the Journal of Intellectual Property Law & Practice (JIPLP) and an article about damages which was published in Spanish in the January-April edition of the “Comunicaciones en Propiedad Industrial y Derecho de la Competencia”.
  • HOYNG ROKH MONEGIER has been shortlisted by Legal Media Group for the forthcoming Europe Women in Business Law Awards.