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ES – Aventis et al. v. Hospira / Docetaxel / Supreme Court

16 Sep 2015

HospiraAventis Pharma S.A., May & Baker Ltd. & Sanofi Aventis S.A. v. Hospira Productos Farmacéuticos y Hospitalarios S.L., Supreme Court (Civil Chamber, 1st Section), Spain, 14 April 2015, Docket No. 1809/2013.



The Spanish Supreme Court definitely ruled and put a term to the patent litigation brought in 2010 against Hospira by Aventis, together with its exclusive licensee May & Baker and sublicensee Sanofi-Aventis, in relation to the former’s Docetaxel generic medicinal products authorized for and marketed in Spain. In its Judgment of 14 April 2015, the Supreme Court confirmed Hospira’s contributory infringement of claims 5 to 8 of Aventis’ EP 827745 patent (as limited within the Court proceedings under Art. 138(3) EPC).

Read the entire summary in English here.

Read the decision (in Spanish) here.

Head note and summary: Luis Fernández-Novoa, Hoyng Monegier