Reasonable foresight required for second medical use infringement: Dutch Supreme Court


Swiss-type second medical use patents can be infringed if a generic producer could have reasonably foreseen that its product would be used intentionally for the claimed use, according to the Supreme Court of the Netherlands.

Merck Sharp & Dohme, Teva, Dutch Supreme Court, second medical use, patents, Hepatitis C, Swiss-type claims, infringement