Boehringer Ingelheim International GmbH v.Zentiva Portugal, LDA
Luxembourg (LU) · UPC-000453
Boehringer Ingelheim, proprietor of European patent EP 1 830 843 covering nintedanib for treating fibrotic diseases including idiopathic pulmonary fibrosis (IPF), sought provisional measures against Zentiva, which held Portuguese marketing authorisations for generic nintedanib products and had completed national pricing and reimbursement procedures. The Lisbon Local Division denied the application, finding no imminent infringement, but the Court of Appeal reversed, holding that completion of national health technology assessment, pricing and reimbursement procedures can constitute imminent infringement. The Court of Appeal granted a provisional injunction against Zentiva across all UPC territories where the patent is in force, coupled with recurring penalty payments, and ordered Zentiva to pay €199,000 in interim costs.
