We represented an international pharmaceutical company during complex patent litigation before Harju County Court. This case was notable for its exceptional technical complexity and its strategic importance for market access in the pharmaceutical sector.
The claimant, a global originator pharmaceutical group, alleged that our client’s generic medicinal product infringed a European patent. They sought extensive prohibitive measures, including a preliminary injunction to prevent the marketing, distribution and sale of the product in Estonia during the proceedings, as well as final injunctive relief and findings of method‑of‑treatment infringement.
Following a comprehensive scientific and legal assessment, Harju County Court dismissed the infringement claim and upheld the counter-claim, declaring the European patent invalid in Estonia for lack of inventive step. The court confirmed that the marketing of our client’s generic product did not constitute infringement and awarded almost total litigation costs in favour of our client.
Our services and client team
This case demonstrates our strong capability in handling high‑stakes, expert‑intensive patent disputes with significant commercial implications.
We advised the client on all aspects of the litigation, including the infringement and validity assessment, litigation strategy, and management of extensive scientific evidence. The dispute required detailed analysis of pharmacokinetics, pharmacodynamics, clinical trial design and the global development history of the medicinal product.
At the outset of the proceedings, we successfully opposed the claimant’s application for a preliminary injunction: an outcome of particular significance in pharmaceutical patent disputes, where such measures are frequently granted and can effectively exclude a generic product from the market for the duration of the litigation.
We further represented the client throughout multiple hearings and in pursuing a counter-claim seeking invalidation of the patent in Estonia.
Our team was led by senior associate Gerli Helene Gritsenko, supported by partner Carri Ginter and associate Jaanika Alevi.
