COBALT is representing Ladee Pharma UAB in three extensive patent disputes between pharmaceutical companies which are groundbreaking for Estonian judicial practice and one of which has been recently resolved by the circuit court in favour of our client. Such judicial proceedings between pharmaceutical companies are rare in the Estonian legal landscape and significantly affect the end-consumers of the medicinal products.
Since the year 2011, Ladee Pharma Baltics UAB, a pharmaceutical company focused on the commercialization of generic medicinal products, and Bayer Pharma AG, a manufacturer of original medicinal products, have held court disputes over the revocation of patents registered in Bayer’s name.
If the patents are revoked, the Estonian pharmaceuticals market would be opened up for Ladee Pharma Baltics as well as other pharmaceutical companies of generic medicinal products with regard to the medicinal products protected by the challenged patents.
Now, as almost 3 years have passed since Ladee Pharma Baltics filed the first action for revoking a patent registered to Bayer, Tallinn Circuit Court, by its judgment of 15 July 2014 in civil matter No. 2‑11-37678 upheld the previous county court judgment and satisfied the action of Ladee Pharma Baltics in the full extent by revoking one of the patents registered in Bayer’s name. Separate proceedings regarding a second challenged patent are ongoing.
Regardless of the fact that the circuit court judgment is yet to enter into force, for Estonia, this is an important and previously rare dispute between pharmaceutical companies.
COBALT attorney-at-law Kadri Michelson and the patent agent who represented Ladee Pharma Baltics in all proceedings and in all court instances will continue to represent the client in subsequent proceedings and other two ongoing patent disputes.