12/20/2022
On 20 December 2022, the Düsseldorf Regional Court (Landgericht Düsseldorf) granted a preliminary injunction in favor of Grünenthal against two generic companies for commercialization of generic versions of Palexia® retard in Germany. The generic companies are 1A Pharma and Ratiopharm.
The Düsseldorf Regional Court followed Grünenthal’s request for a preliminary injunction and found that both generic products are infringing Grünenthal's patent EP1515702, which relates to a particular technical aspect of the formulation of Palexia®. In its decision, the Court is convinced that the generic products are making use of the technical features protected by our patent. The Court is further of the opinion that the validity of the patent is not in doubt in spite of the generic companies' arguments.
As a result of the preliminary injunction, the generic products cannot be marketed in Germany for the time being.
Grünenthal is aware of further existing marketing authorizations for generic versions of Palexia® retard, which are held by several generic companies in Germany. We are convinced that this decision will have a high impact on subsequent patent litigations if Grünenthal decides to defend its patent rights against marketing activities of any of these further generic companies.
Although the decision is only effective for Germany, we believe that it could also have some indicative character in other European markets where this patent is also in force.
Pain, especially chronic pain, represents a significant burden for people and society. Its alleviation remains a significant unmet medical need. Grünenthal is the leading pharmaceutical company focused on pain therapies and research.
We are committed to transforming the future of pain management within the highest ethical and regulatory standards and we continue to be prepared to defend our legitimate rights for innovative and important products.
Fabia Kehren
Head of External Communication and Editorial Management
Grünenthal GmbH
52099 Aachen
E-Mail Fabia.Kehren@grunenthal.com
Phone +49 241 569-3269