Michalski Hüttermann and Field Fisher win the appeal proceedings for Syngenta against Sumi Agro

- Of eminent importance to Pharma: ‘price erosion’ can occur when a second product enters the market, which is an important factor for a preliminary injunction.

- In the proceedings at first instance, the Sumi Agro had argued that the preliminary injunction was filed too late. However, as a new product had been launched in the meantime, the Court of Appeal only examined the procedure with regard to this product and left the original question of urgency open.

- In the second instance, Syngenta also applied for an injunction for Romania. This was allowed by the Court of Appeal without further ado, as there was no transitional provision under Art. 34. This is perhaps the biggest surprise.

Filip de Corte (head of the patent department) and patent attorney Chris Andrews acted for Syngenta. Our law firm was represented by Prof. Dr Aloys Hüttermann (lead), Wasilis Koukounis, LL.M. and Dr Kevin Lamberts, Fieldfisher by Benjamin Grzimek (lead) and Dr Jörn Peters.