COMPULSORY LICENSE DECISION UPHELD BY GERMAN FEDERAL COURT OF JUSTICE
Compulsory licenses are really very rare! The German Federal Court of Justice (BGH) has now upheld the decision by the German Federal Patent Court (BPatG) granting Merck a license to Shionogi’s patent EP 1 422 218 B1 covering the HIV drug “Isentress”, as sold by Merck.
License negotiations had gone sour and Shionogi sued Merck for patent infringement (No. 4c O 48/15). This proceeding was stayed as there is an ongoing opposition/appeal at the EPO (T 1150/15) for which oral proceedings have been scheduled for October 2017. In the meantime, Merck requested a compulsory license which was, in a first instance, granted by the BPatG and now upheld by the BGH.