Wednesday, 24 November 2010
Interim relief in Argentina: a useful summary
In Sanofi-Aventis v Sandoz SA, in 2009, Sanofi-Aventis sought a temporary injunction following the amended procedure. The first instance judge appointed an expert who prepared a report on the likelihood of validity and infringement. The defendant was served notice of the temporary injunction request and the court-appointed expert report. The judge then issued the order, in a decision which was upheld by the Federal Civil and Commercial Court of Appeals for the Second Circuit.
The nature of the 2004 amendments, the details of this litigation and its confidence-boosting impact on patent-owners are described in helpful detail an an article from which this note is taken, "Landmark decision issued on pharmaceutical patent enforcement", by Federico Augusto Aulmann (Obligado & Cia), published on International Law Office here.