Bibliography
- Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights
- SmithKline Beecham v Apotex Europe Ltd [2003] EWCA Civ 137
- Cephalon, Inc. & Ors v Orchid Europe Ltd & Anor [2010] EWHC 2945 (Pat)
- Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2012] EWHC 627 (Pat)
- Novartis AG v Hospira UK Ltd [2013] EWCA Civ 583
- Preliminary injunction proceedings are provided for in sections 916 to 945 of the German Civil Procedure Act
- “Harnkatheterset”, Court of Appeal of Düsseldorf, 29 April 2010, No. I-2 U 126/09
- Court of Appeal of Düsseldorf, Decision of 19 October 2012, No. 4b O 135/12
- The preliminary injunction procedure is found in Article L 615-3 of the French Intellectual Property Code (as amended)
- Mundipharma Laboratories GmbH v Medochemie Ltd, Lyon First Instance Court, July 21, 2008, 2008/01373
- See Novartis v Mylan and Qualimed, Paris Court of Appeal, March 21, 2012
- See for example, Aventis, Inc. v. Apothecon, Court of Appeal The Hague, 16 March 2010, 105.007.817/01, in which a preliminary injunction was refused on the basis that the patent was likely to be held invalid on the merits
- See for example, Impag v Hasbro, Dutch Supreme Court, 29 June 2001, NJ 2001, 602
- Meijn Food Processing Technology v Tieleman Food Equipment et al., Hague District Court, 1 April 2008, KG RK 08-0517
- For example, in France, the saisie contrefaçon would be the appropriate means to gather such evidence of infringement and in Germany by pre-action search order. In English proceedings, such matters are typically dealt with in general disclosure
- Solvay SA v Honeywell Fluorine Products Europe, Hague District Court, 09-2275
- Solvay SA v Honeywell Fluorine Products Europe BV and Others, Case C-616/10
- Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
- See the Agreement on a Unified Patent Court, signed on 19 February 2013
- Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection
- Currently the 15th draft Rules of Procedure, dated 31 January 2013