Catalyst - Episode 3: Patent strategies

The recent CNMC decision against MSD, Swiss/EU raids of Novartis, and Teva EC Statement of Objections suggest that European competition regulators are again considering the types of conduct by patent holders that can cross the line to become an abuse of dominance. The alleged conduct in those cases ranges from enforcement of patents acquired from a third party to allegedly 'block' competitors (Novartis), to withholding relevant concealing information from the court in the course of patent litigation (MSD), to artificially extending patent protection through filing and withdrawal of divisional patent applications (Teva).

All three current cases go well beyond the existing decisional practice in Astra Zeneca and Pfizer. In this third episode of our ‘Catalyst’ webinar series, we will discuss the interaction between Article 102 TFEU and the exercise of patent rights.