ARTICLE · 21 AUGUST 2012

New Chapter In Dutch Cross-Border Practice

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Yesterday the Dutch preliminary relief judge has ordered a Dutch defendant to stop the promotion and/or facilitation of patent infringement in Portugal.

NetherlandsIntellectual Property

Yesterday (August 16, 2012) the Dutch preliminary relief judge has ordered a Dutch defendant to stop the promotion and/or facilitation of patent infringement in Portugal.

Background

The plaintiff, Boehringer Ingelheim, is the holder of a Portuguese national patent for a process for the manufacturing of (inter alia) the compound nevirapine and also holds a corresponding SPC. The defendants, several entities of the Teva group, are based in the Netherlands and one of them is the holder of an EU marketing authorisation (MA) for a generic nevirapine product.

Teva introduced its generic nevirapine product on the market in Portugal - through their Portuguese daughter company - before expiry of the patent. Therefore, Boehringer Ingelheim initiated proceedings in Portugal to stop the infringement of its patent rights by Teva.

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