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ES – Eli Lilly & Daichi v. Teva & Cinfa / Appeal

13 Jun 2024

Luis Fernández-Novoa


Eli Lilly & Daichi v. Teva & Cinfa, Court of Appeals of Madrid (Section 32), 23 June 2023, Case no. ECLI:ES:APM:2023:9288

The new section 32, specialized in IP, of the Madrid Court of Appeals analyses in this judgment several procedural issues of interest that often arise in patent infringement proceedings, such as the standing of the exclusive licensee plaintiff or the preclusion of actions for having previously brought a nullity action against the same patent before another court. In addition, the judgment addresses the liability for damages of the defendants TEVA and CINFA as the first laboratories to launch “at risk” with their generic (infringing) drugs.

The entire summary can be read here.
The judgment (in English) can be read here.