On April 7, 2010, the Dutch Court of The Hague gave a provisional judgment in the patent case between Mundipharma and Sandoz.
On April 7, 2010, the Dutch Court of The Hague gave a provisional judgment in the patent case between Mundipharma and Sandoz in which it made some interesting considerations about the ‘undisclosed disclaimer’: when a disclaimer must be seen as ‘undisclosed’ and whether there is an undisclosed disclaimer in this instance.
The conflict regards a Mundipharma painkiller containing a controlled release formulation, for which it owns the Dutch part of European Patent 0722730 (EP 730). The original application is international patent WO 93/10765 (WO 765). In its counterclaim, Sandoz states that the disclaimer in EP 730 is undisclosed in WO 765 and considers EP 370 invalid.
EP 730 concerns a formulation for a regulated release of oxycodon or an oxycodon salt, which is established by the use of a controlled release matrix. In an opposition against EP 370, the patent was altered but maintained. This decision was appealed by Mundipharma and the opposing party, Sandoz.
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Netherlands, judgement, Mundipharma, Sandoz, painkiller, undisclosed disclaimer
