LS&R 1870

Wouter Pors: AstraZeneca held liable for additional healthcare costs

Wouter Pors heeft een noot geschreven bij het vonnis van 14 oktober 2020 inzake Menzis/AstraZeneca [IEF 19490].

‘In a judgment of 14 October 2020 the District Court The Hague ruled in a landslide decision that AstraZeneca is liable for the extra costs that health insurance companies Menzis and Anderzorg incurred because of the wrongful enforcement of AstraZeneca’s patent EP 0 907 364 (EP 364), which covers its medicinal product Seroquel, against generic quetiapine XR. This is not a landslide decision because it means a change in case law, but because it is the first Dutch judgment ever in which such claims by an insurance company have been decided. It is a very thorough judgment, which is of great importance for all life science companies that have patents for medicinal products. Of course, it can and undoubtedly will be appealed.’

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