Belgian Supreme Court Rules On Operational Force Of Preliminary Measures In Patent Law
In two similar judgments of 26 June 2014, the Belgian Supreme Court (Hof van Cassatie/Cour de Cassation) held that judgments in summary proceedings only remain in force until a court ruling on the merits hands down a different judgment, even if the subject is a registered patent and the judgment on the merits is not final.
The first case pitted Sandoz NV ("Sandoz") and Accord Healthcare BV ("Accord"), manufacturers and distributors of generic medicines, and AstraZeneca NV and AstraZeneca AB ("AstraZeneca"), owners of a patent-protected medicine, concerning the operational force of a preliminary injunction granted against the commercialisation of generic copies of the patented product. The second case involved Sandoz and Bayer Pharma AG ("Bayer"), and related...
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