Brazil mailbox litigation update: Good news to start the year for the pharmaceutical industry

On January 22, 2015, another mailbox case was favorably decided for a pharmaceutical company.  This latest case was decided by Judge Ana Amelia Antoun of the 9th Federal District Court.  Judge Antoun is the fourth Judge to decide a mailbox case and the third Judge to issue a favorable decision for a pharmaceutical company.

The Judge rejected the Brazilian Patent Office’s (INPI) request to reduce the term of the patent.  Instead, the Judge maintained the term of the patent for a period of ten years from grant. According to the Judge, INPI’s delay in examining the application required the application of the constitutional principles of trust and good faith that govern the relationship with public administration. The Judge followed the reasoning of the previous two judges who favorably decided for pharmaceutical companies.

Judge Antoun is handling nine mailbox cases.  We expect that she will issue similar decisions in the remaining cases relatively soon. Additionally, it is expected that the appeals pending before the Federal Court of Appeals will be decided in March 2015.

Please watch the BRIC Wall Blog for further updates on mailbox litigation.

This post was written by Lisa Mueller and Roberto Rodrigues of Licks Attorneys.

 

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