Tandem Diabetes v Roche (UPC_CFI_454/2023)
Decision date:
18 December 2024
Osborne Clarke summary
- Tandem filed a revocation action against Roche requesting that Roche's patent relating to a system for ambulatory drug infusion be revoked on the basis of added matter, lack of novelty and lack of inventive step. The court dismissed these attacks, holding the patent to be valid.
- The court rejected Roche's challenge to its jurisdiction on the grounds that Tandem was in breach of a standstill agreement between the parties. The Paris CD found that breach of a standstill clause does not necessarily divest the breaching party of the right to bring an action but may only give rise to liability for breach of contract. In this case the temporal restriction on the right to sue was not justified by any public interest, but rather was solely intended to provide them a cooling-off period to assess the possibility of a settlement, and therefore was driven by a private interest.
Issue
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