Prompt action to stop infringement of H. Lundbeck A/S' pharmaceutical product Cipralex® affirmed by the High Court
The Danish High Court has affirmed that Teva Denmark A/S' distribution of Escitalopram "Teva" was solely to circumvent an injunction issued by the Enforcement Court in Elsinore against Pharma Changes ApS' distribution of the same pharmaceutical product.
As we wrote in our Life Science Newsletter No. 3 2010, the Enforcement Court in Lyngby promptly granted H. Lundbeck A/S an injunction against Teva Denmark A/S' ("Teva") distribution of the generic pharmaceutical product Escitalopram "Teva".
The Enforcement Court found it evident that Teva's planning to commence direct distribution of Escitalopram "Teva" was solely to circumvent the injunction granted by the Enforcement Court in Elsinore (Fogedretten i Helsingør) against Pharma Change A/S' distribution of the same product.
Teva appealed the injunction to the Danish Eastern High Court claiming that the injunction should be revoked and the case should be remitted for re-trial before the Enforcement Court in Lyngby. In support of its claim Teva alleged that its fundamental right to be heard (the principle of contradiction) had been set aside by the Enforcement Court's prompt injunction.
Based inter alia on the facts that Teva intended to market and sell Escitalopram "Teva" from 14 June 2010 (i.e. 4 days after the case was heard by the Enforcement Court in Lyngby) and that the product was identical to the product comprised by the injunction against Pharma Change ApS, the High Court found that Teva's right to be heard had not been set aside.
The High Court therefore affirmed the injunction against Escitalopram "Teva" and refused to remit the case for a re-trial.
Teva has requested the Danish Appeals Permission Board for leave to appeal to the Danish Supreme Court.
Any questions in relation to the order can be directed to Peter-Ulrik Plesner, Attorney-at-Law, firstname.lastname@example.org or tel. +45 33 12 11 33.