The so-called second medical use of medicaments is currently one of the most important topics in European patent law. The Düsseldorf Regional Court has issued an important decision in this regard in the judicial procedure of Astra Zeneca against Ratiopharm and Hexal. According to this decision, the generic producers do not infringe the second medical use patent (EP 1272195) for a breast cancer medicament with the active agent fulvestrant (file no. 4c O 46/17). Both companies can therefore continue marketing their products in Germany. The judges also rejected the request for an injunction against Betapharm.
Maiwald (Munich): Marco Stief, Heike Röder-Hitschke (both attorneys at law), Dr Dirk Bühler, Dr Renate Rieder (both patent attorneys)
Inhouse (Cambridge): Mujeebur Rahiman (Head IP Europe Dr. Reddy’s)
The complete Juve article can be downloaded under: https://www.juve.de/nachrichten/verfahren/2018/07/patente-ratiopharm-und-hexal-wenden-das-blatt-im-grundsatzstreit-um-second-medical-use