Lundbeck ./. Sandoz settled (S2014_002)

Case No. S2014_002 ¦ Settlement

Last week I have reported on the oral hearing in this matter; see here.

We won’t see a decision of the FPC on the plaintiff’s request to impose a prohibition of sales as an interim measure in extension of the term of the SPC. In the meantime, I have been informed by Simon HOLZER (representative of the plaintiff) that the parties have settled, essentially as follows:

  1. The defendant has accepted to abstain from advertising / offering Escitalopram Sanzdoz® until May 31, 2014 (lapse of the SPC).
  2. The plaintiff has withdrawn the request to impose a prohibition of promotion / sales / distribution as an interim measure, in extension of the term of the SPC.
  3. Court fees are borne by the defendant.
  4. The defendant has accepted to pay the plaintiff a reasonable compensation.
  5. By fulfilling the settlement both parties agree to have settled all mutual claims resulting from that case.

In my perception, an outcome like this is not much of a surprise: From a business perspective, this makes perfectly sense for both parties.

Reported by Martin WILMING

BIBLIOGRAPHY

Case No. S2014_002 ¦ Settlement

Lundbeck (Schweiz) AG ./. Sandoz Pharmaceuticals AG

Subject(s):

  • Infringement

Composition of the Board of the FPC:

  • Dr. iur. Dieter BRÄNDLE (President, Single Judge)
  • Lic. iur. Susanne ANDERHALDEN (Court Secretary)

Representative(s) of Plaintiff:

  • Dr. Simon HOLZER (MLL)
  • Dr. Kilian SCHÄRLI (MLL)

Representative(s) of Defendant:

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