Preliminary Injunction confirmed by the German Federal Supreme Court in a Compulsory License Proceedings concerning a Medicament against AIDS (by Dr. Raphael Bösl)

This is in follow up to our IP newsletter of September 1, 2016. As reported, an Isenbruck Bösl Hörschler LLP team headed by Fritz Lahrtz is currently representing the proprietor of a pharmaceutical patent together with attorneys-at-law of an internationally known German law firm in a preliminary injunction proceedings according to § 85 PatG concerning the request for a compulsory license according to § 24 PatG (German Patent Act). The matter in dispute concerns a medicament against AIDS. 

In the recent hearing of July 11, 2017, the German Federal Supreme Court has decided to maintain the compulsory license granted provisionally be the German Federal Patent Court last year (http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&Datum=2017&Sort=3&nr=78868&pos=0&anz=111) . 

The oral hearing in the case on the merits will take place before the Federal Patent Court in November this year. 

The reasons for the decision are not yet known, but with this confirmation, compulsory licenses now definitely represent a tool which should be considered when establishing the patent strategy for pharmaceutical products. Our Munich partner Fritz Lahrtz would be happy to answer any questions you may have if possible in view of the confidential parts of the case. 

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