ES – Fulvestrant / Court of Appeals of Barcelona, 19 November 2019, Docket Nos. 240/2019 & 505/2019

In two separate orders, both issued on 19 November 2019, the Barcelona Court of Appeals confirmed the dismissal of a preliminary injunction decided by Orders of 18 July 2018, upon request of ASTRANEZECA against TEVA PHARMA S.L.U. (TEVA) and RATIOPHARM ESPAÑA, S.A. (RATIOPHARM) for the sale of generic drugs of fulvestrant.

This case deals with the appeal of two orders issued on the same date, 18 July 2018, in which Barcelona Commercial Court No. 4 refused to grant precautionary measures requested by ASTRAZENECA AB and ASTRAZENECA FARMACÉUTICA SPAIN, S.A. (hereinafter, “ASTRAZENECA”) against TEVA and RATIOPHARM, respectively.

In the first case, brought against TEVA, ASTRAZENECA claimed infringement of patent EP 1,250,138 (EP 138) and its divisional patent EP 2,266,573 (EP 573), which protect a formulation of fulvestrant for the treatment of breast cancer.

The full summary (in English) can be read here.

A copy of the first order (in Spanish) can be read here.
A copy of the second order (in Spanish) can be read here.

Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER