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NL – Fresenius Kabi Nederland v. Eli Lilly / Supreme Court

12 Jun 2020

Fresenius Kabi Nederland BV v. Eli Lilly and Company, Supreme Court, The Netherlands, 12 June 2020, Case no. ECLI:NL:PHR:2020:269

The Supreme Court today followed Advocate General Van Peursem’s Opinion and rejected -without further motivation- Fresenius’ appeal, thus upholding the PI decision by the Preliminary Relief Judge of the District Court of The Hague of 24 October 2017, as confirmed by the Court of Appeal of The Hague on 8 May 2018 (decisions in Dutch here and here, reported here and here).

The earlier contribution of Chantal Morel on the Opinion of the Advocate General can be read here.

The Supreme Court decision can be read here.
The Opinion of Advocate General Van Peursem can be read here.