In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48 (the “enforcement directive”) and whether article 9(7) precludes a national legislation that provides that a party should not be compensated for the losses suffered by him if the rights which were the basis for provisional measures are subsequently invalidated.
The main dispute
The main dispute concerned the alleged infringement of a Bayer Pharma pharmaceutical patent by the Hungarian companies Exeltis and Richter.
Bayer Pharma initially failed in obtaining provisional measures prohibiting Exeltis and Richter from offering the alleged infringing products on the market. Exeltis and Richter subsequently filed for invalidation of the Bayer Pharma patent. Continue Reading