G. Pohl-Boskamp v pharma-aktiva & Ors (UPC_CFI_541/2024)

• G. Pohl-Boskamp, a pharmaceutical company, applied for provisional measures against the respondents on the grounds of alleged infringement of its patent relating to a composition for the control of ectoparasites and their eggs. G. Pohl-Boskamp sold, among other things, a lice remedy as a medical device. The respondents manufactured, distributed and advertised an alleged infringing product.
• The respondents had challenged the validity of the patent, alleging insufficiency and lack of inventive step, but the court did not find any of these grounds convincing.
• In relation to G. Pohl-Boskamp's infringement claim, it submitted an analysis of the alleged infringing product. The respondents disputed the analysis but they did not provide any evidence that the accused products did not infringe. The court considered that infringement had been sufficiently demonstrated.
• The Mannheim LD was satisfied for the purpose of ordering provisional measures that G. Pohl-Boskamp's patent was valid and the balancing of interests favoured it. As such, provisional measures were granted, including a preliminary injunction.
• On the balancing of interests, the Mannheim LD held that the requirement of urgency was met, G. Pohl-Boskamp having become aware of the infringement on 13 August 2024 and having filed the application for provisional measures on 20 September 2024. The court particularly noted that by selling the challenged products the respondents would be directly competing with G. Pohl-Boskamp, which would deprive it of market opportunities for a significant part of the remainder of the life of the patent (due to expire in 2026). The fact that the respondents had ceased distributing the product and might destroy stocks was not decisive in their favour and was inadequate to avoid an injunction.

This analysis is based on a machine translation of a decision not available in English.