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10 November 2017Big Pharma

LSIPR 50 2017: Thomas Kirkbak—Communication is key

IP infringement covering pharmaceuticals typically takes place where generic companies can make the most profits, according to Thomas Kirkbak, chief IP litigation specialist and attorney-at-law at Lundbeck.

“If a lot of money can be made by entering a generic product on a certain market, my experience is that the generic companies are willing to take substantial risks of infringing the originator’s IP rights,” he says.

Kirkbak explains that a generic will usually first infringe in the US, because that is where the biggest profits can be made. This is followed by challenges to the IP rights in the UK and Germany.

“The challenge to IP rights in the US will normally be in the form of a paragraph 4 certification, leading to Abbreviated New Drug Application litigation. In the UK the generics will often try take the ‘clear the way’ approach, combined with a threat to launch at risk, unless the court orders the generics to refrain from launching while the validity case is ongoing.

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