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Lacosamide / Commercial Court no. 5 of Barcelona, 14 April 2020, Docket No. 672/2017 / Invalidity action (public availability of a prior art document) & action for threat of patent infringement

On 8 September 2017 the plaintiff, LABORATORIOS NORMON, S.A. (hereinafter, “NORMON”) filed an invalidity action against the companies RESEARCH CORPORATION TECHNOLOGIES INC., UCB BIOPHARMA SPRL and HARRIS FRC CORPORATION -and UCB PHARMA, S.A. as intervening party- (hereinafter, collectively referred to as “RTC”), holder, licensee and sub-licensee, respectively, of European patent EP 0,888,289 (EP ‘289).

The patent expired on 17 March 2017 and served as basis for the grant of Spanish Supplementary Protection Certificate no. 200900006 (SPC ‘006) protecting the product lacosamide.

The entire summary can be read here.

The decision (in Spanish) can be read here.

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