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Patents

Always seek the court’s permission before requesting the limitation of the patent outside the judicial proceeding: the tiotropium case

On 9 February 2023 the Supreme Court upheld a Judgment issued by the Barcelona Provincial Court (Section 15th, specializing in intellectual property matters) which confirmed the nullity of a patent as limited in the court proceedings and ruled that another limitation requested by the proprietor outside them was not valid. The Supreme Court Judgment is …

Patents, Unfair Competition

The intersection between competition law and patent law: the fingolimod case

On 20 January 2023, the 15th Section of the Barcelona Provincial Court overturned interim injunctions imposed by Barcelona Commercial Court No. 10 against three pharmaceutical companies seeking to market generic medicines based on the active ingredient fingolimod in Spain. The plaintiff, in this case, had invoked Law 3/1991 of 10 January 1991 on Unfair Competition …

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