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NL – Novartis v. Mylan / Supreme Court

11 Mar 2024

Novartis A.G. v. Mylan B.V. and Mylan Ireland Limited, Supreme Court The Hague, The Netherlands, 8 March 2024, Case no. ECLI:NL:HR:2024:341

Appeal to the Supreme Court regarding fingolimod.

Earlier, Novartis alleged Mylan infringed its Patent. In first instance PI proceedings, the preliminary relief Judge ruled that there was a serious, non negligible chance that the patent would be found to be invalid in proceedings on the merits due to lack of inventive step and denied the injunction.

On appeal, the Court of Appeal (see earlier post here) came to the same conclusion, albeit on different grounds, namely added matter.

The Supreme Court now dismisses the Supreme Court appeal without further argumentation as the the assessment of these complaints did not require to answer questions that are important for the unity or development of the law.

The judgment (in Dutch) can be read here.