With pharmaceutical competition in Europe continuing to evolve, established companies and new market entrants alike need to understand how key patent litigation tools are shaping the competitive landscape. Increasing competition within Europe’s pharmaceutical space makes knowing the market and understanding available patent protections more critical than ever for both well established and new market players.
On 3 November 2017, the Dutch Supreme Court (Hoge Raad) handed down a landmark decision on the infringement of second medical use patents in the Merck Sharp & Dohme Corp. (“MSD”) v. Teva Pharma B.V. and Pharmachemie B.V. (“Teva”) case relating to MSD’s Swiss type second medical use patent protecting a combination therapy of ribavirin
On 15 January 2016, the Provisions Judge in The Hague rendered a decision which confirms that the Dutch Medicines Evaluation Board (MEB) should take second medical use patents into account in its policies. The Judge decided that, in this case, the policy of the MEB to publish on its website the full Summary of Product