The case concerned Sandoz' sale of medicinal products containing tadalafil for the use in treatment of erectile dysfunction (impotence) which Eli Lilly claimed infringed its patent.

The main issue in the case was whether Eli Lilly's patent was valid as Sandoz claimed that the patent was invalid for lack of inventive step. Sandoz did not dispute that if the patent was valid, then it would be infringed by Sandoz' 2.5 mg and 5 mg medicinal products.

Preliminary injunction granted
In its decision of 15 June 2018, the Maritime and Commercial High Court granted a preliminary injunction against Sandoz' medicinal products containing 2.5 and 5 mg Tadalafil.

The Court found that Eli Lilly had rendered it probable that the invention claimed in the patent has inventive step and therefore that the patent is valid. The Court found that the invention had a surprising effect in view of the prior art at the priority date.

The Court did not find that sale of Sandoz' 10 mg product constituted an indirect infringement of the patent.

At this point, it is not known whether there will be an appeal of the decision.

Click here to read the decision of the Maritime and Commercial High Court (in Danish)