"The decision deals with almost all aspects of patent law: priority, clarity and sufficiency, novelty, inventive step and infringement. The Court follows the EPO case law road map on the validity topics (and in effect confirms correctness of TBA decision T 0246/04 of last year regarding the same patent).On the question of injunctive relief pending an appeal the court had this to say:
Parallel proceedings are pending in the UK and in Germany, but have not yet come to hearings".
"4.55. The order will be enforceable regardless of any appeal, in spite of J&J’s opposition. In the opinion of the court, Novartis’ interests in direct enforcement of the judgment outweighs the interests of J&J in maintaining the status quo until the appeal is decided. Novartis’ interest follows from the continual nature of the infringement of its exclusive rights. J&J has insufficiently substantiated why that interest should in this case give way to its desire to continue the infringement. The mere fact that there is a limited number of parties in the market and that there is no reason to assume that J&J would eventually have no assets from which damage could be recovered, is – for whatever it is worth - not sufficient".You can read the full text of this decision here.