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Waselius & Wist successfully represented MSD Finland Oy in first ever patent dispute regarding a biosimilar medicinal product

Waselius & Wist acted for the defendant MSD Finland Oy in a preliminary injunction matter before the Finnish Market Court against F. Hoffman-La Roche AG, Roche Oy and Genentech Inc. The issue in the case was whether MSD Finland Oy by marketing and selling a medicinal product in Finland infringed Roche and Genentech’s rights according to the Finnish part of a European product patent.

The medicinal product in question is a biosimilar version of a biological medicinal product, which is manufactured and marketed by Roche. A biosimilar medicinal product is a similar but not identical version of an existing biological medicinal products, i.e. the reference product. A biosimilar product may have minor differences in the molecule compared to the reference product, but these differences must not influence the efficacy and safety, including adverse reactions, of the biosimilar version compared to the reference product. This was the first patent dispute ever in Finland regarding biosimilar products.

The Market Court considered in its decision of 11 March 2019 that there was no likelihood of an infringement of Roche’s and Genentech’s rights under the patent-in-suit and rejected Roche and Genentech’s request for a preliminary injunction. With the Market Court’s decision, MSD Finland Oy can continue the sale of its biosimilar product to Finnish hospitals.

Lawyers involved:

Tatu Paavilainen
Associate
Mona Numminen
Associate

Waselius & Wist arranged practical course in dispute resolution for law students from the University of Helsinki

Again this autumn, Waselius & Wist arranged the popular course in practical dispute resolution of commercial disputes for the law students of the University of Helsinki. This is a course that not only entitles the students to five ECTS credits but also gives them valuable insight in practical aspects of dispute resolution in business life.

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Arbitration

– Acting as party appointed co-arbitrator in a dispute concerning warranty claims under a sale and purchase agreement between a Finnish seller and a Vietnamese buyer.

Finland Chamber of Commerce arbitration (2018)

– Acted as DIA appointed sole arbitrator in a dispute between a Danish and two Dutch companies concerning royalty payments and patent utilization and infringement.

The Danish Institute of Arbitration (2018)

– Acted as party appointed co-arbitrator in a dispute between a Swedish and two Finnish communication industry service companies concerning the interpretation of a sale and purchase agreement a related non-compete obligation including anti-trust considerations.

Finland Chamber of Commerce arbitration (2017)

– Acted as FAI appointed sole arbitrator in a squeeze-out dispute between a Finnish company and a number of Finnish and foreign minority shareholders.

Finland Chamber of Commerce arbitration (2017)

– Acted as party appointed co-arbitrator in a dispute concerning the funding of nuclear energy production investment under a draw-down agreement between a holding company and its shareholders.

Finland Chamber of Commerce arbitration (2017)

– Acted as party appointed co-arbitrator in a dispute concerning warranty claims under a sale and purchase agreement between a corporate buyer and a single multi-entrepreneur relating to the sale of a food-stuff business.

Finland Chamber of Commerce arbitration (2016)

– Acted as co-arbitrator in a dispute concerning the calculation of the purchase price between a Swedish seller, two Finnish explosives companies as buyers and a French company as guarantor. Finland Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between a Swedish tank manufacturing company and a Norwegian gas company regarding purchase of a tank construction. Stockholm Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between a Swedish energy and environmental technology company and a German consultancy company regarding a consultancy agreement. Stockholm Chamber of Commerce arbitration.

– Acted as Chairman of the Arbitral Tribunal in a dispute between a Swedish municipality and a Norwegian construction company concerning the construction of under-water logistics.
Stockholm Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a Finnish seller and a German buyer concerning the purchase price of certain corporate entities in Finland and abroad.
Finland Chamber of Commerce arbitration.

– Acted as chairman of the Arbitral Tribunal in a dispute concerning the purchase price of mineral resources under a long term supply contract.
Ad hoc arbitration under Finnish law.

– Acted as chairman of the Arbitral Tribunal in a dispute between a German and a Danish company concerning termination of a commercial contract.
Danish Institute of Arbitration.

– Acted as sole arbitrator in a dispute between a Swedish investment and consultancy company and a British Virgin Islands mining company concerning exercise of share put option and payment of related purchase price.
Stockholm Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between a Swedish investment holding company and a British Virgin Islands mining company concerning exercise of share put option and payment of related purchase price.
Stockholm Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a Finnish construction company and a Finnish metals company concerning costs relating to the construction of port under-water logistics.
Finland Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a Finnish investment bank and a Swedish industrial company concerning compensation under a mandate agreement.
Finnish law ad-hoc arbitration.

– Acted as co-arbitrator in a dispute between a Cayman Islands consulting company and a Swiss/French telecommunications company concerning consultancy fees and interpretation of contracts.
International Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a German military equipment manufacturing company and a sovereign state government concerning delivery performance and interpretation of contracts.
Finland Chamber of Commerce Arbitration.

– Acted as co-arbitrator in a dispute between a Swedish venture capital company purchaser and a US industrial company seller concerning purchase price and interest swap.
Finland Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between a Danish seafood company and a Russian fleet owner and fishing company concerning repayment of commercial loans.
Danish Institute of Arbitration.

– Acted as co-arbitrator in a dispute between two major Finnish telecommunication companies concerning performance under a system maintenance contract.
Finland Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a Finnish health company and a Chinese distributor concerning termination of a distributorship agreement.
Finland Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a European and French design and engineering company concerning interpretation of a commercial contract.
Finland Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between two Finnish consultancy companies concerning commissions under a co-operation agreement.
Finland Chamber of Commerce arbitration.

– Acted as co-arbitrator in a dispute between a Swedish and a German waste disposal company concerning seller warranties in a sale and purchase agreement.
Stockholm Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between a Finnish (Norwegian) company and several (18) individuals concerning computation of purchase price in a company sale out.
Finland Chamber of Commerce arbitration.

– Acted as sole arbitrator in a dispute between two Finnish energy companies concerning redemption of an electricity price hedging portfolio.
Finland Chamber of Commerce arbitration.

– Acted as counsel to a major US company in the marine industry in a dispute with a Finnish marine industry company regarding a contractual dispute.
Finnish Central Chamber of Commerce arbitration.

– Acted as counsel to a Finnish electricity supplier in a dispute with a major paper/nonwovens manufacturer regarding damages claim under electricity supply agreement.
Ad hoc arbitration under Finnish law.

– Acted as chairman of the Arbitral Tribunal in a dispute between a Swedish metals company and a Finnish supplier of metal-based solutions regarding a metals supply agreement.
Finnish Central Chamber of Commerce arbitration.

– Acted as sole arbitrator in a squeeze-out of minority shareholders’ shares and determination of share price in Birka Line Abp.
Finnish Central Chamber of Commerce arbitration in Helsinki.

– Acted as trial counsel to Polar Electro Europe B.V. in a commercial dispute with Comesa Gesellschaft m.b.h. (Werfen Austria GmbH) regarding a distribution agreement.
Ad hoc arbitration under Finnish law.

– Acting as co-arbitrator in a commercial dispute between a teleoperator company and a software company concerning fulfilment of a software delivery and maintenance contract.
Finnish Central Chamber of Commerce arbitration.

– Acted as counsel to a Finnish shipping and logistics company in a dispute concerning the purchase price under a sale and purchase agreement. software delivery and maintenance contract.
Stockholm Chamber of Commerce arbitration proceedings in Stockholm, Sweden

Litigation

– Acted for Brunswick Marine in Finland and the Baltic States Oy in a contractual dispute before the District court and the Court of Appeal;

– Acted for Zauner Anlagentechnik GmbH in a contractual dispute before the District Court;

– Acted as counsel to SCA Tissue Finland Oy in a dispute regarding SCA’s marketing campaign of Lotus soft paper products involving a promotional lottery brought by the Consumer Ombudsman. The Consumer Ombudsman’s claims in their entirety where dismissed.
Proceedings in the Market Court

– Acted as counsel to Hardware Group Finland Oy with regard to proceedings initiated by the leading locks manufacturer Abloy Oy on the basis of alleged trademark infringement. The infringement proceedings were dismissed by the Market Court. The matter is still pending since Abloy Oy has applied for a leave to appeal from the Supreme Court.

– Acted as counsel to the mining company FQM Kevitsa Mining Oy against Veljekset Karjalainen Oy in a contractual dispute regarding a road construction project. The matter is still pending in the Helsinki Court of Appeal.

– Acted as counsel to one of the prosecuted in criminal proceedings initiated by the State Prosecutor in the so called Costa Rica bribery case regarding alleged aggravated bribery and aggravated subsidy fraud. All charges were dismissed and the State was ordered to compensate the prosecuted’s legal costs.
Proceedings in the District Court of Helsinki

– Acted as counsel to Oy SCA Hygiene Products Ab in a dispute between Oy SCA Hygiene Products Ab as applicant and Procter & Gamble Finland Oy as respondent regarding comparative marketing and the use of false and misleading expressions in the marketing of children’s diapers.
Proceedings in the Market Court

– Acted as counsel to Oy SCA Hygiene Products Ab in a dispute between Procter & Gamble Sverige AB and Procter & Gamble Finland Oy as applicants and Oy SCA Hygiene Products Ab as respondent regarding comparative marketing and the use of false and misleading expressions in the marketing of children’s diapers.
Proceedings in the Market Court

– Acted as counsel to Sachtleben Pigments Oy in injunction proceedings against Lanxess AG in connection with a contractual dispute.
Injunction proceedings in the Helsinki District Court.

– Acted as counsel to independent opticians in overturning an injunction obtained by Specsavers in relation to a contractual dispute.
Injunction proceedings in the Helsinki District Court.

– Acted as counsel to Polar Electro Europe B.V. in the invalidation of an arbitration award in the dispute between Werfen Austria GmbH and Polar Electro Europe B.V.
Invalidity proceedings in the Helsinki District Court, the Helsinki Court of Appeals and the Supreme Court.

– Acted as counsel to a number of Board members in a dispute between Töölö Travel Agency Ltd (in bankruptcy) and the Board of Directors regarding alleged violation of the Companies Act and related claims for damages.
Proceedings in the Helsinki District Court.

– Acted as counsel to a prosecuted Board member of TJ Group Oyj in the largest ever securities law matter handled by the Finnish courts.
Proceedings in the Helsinki District Court and the Helsinki Court of Appeals.

– Acted as counsel to Hjalmar Svenfelt Foundation (the Cloetta family) in the commercial dispute between Hjalmar Svenfelt Foundation and Oy Karl Fazer Ab regarding shareholdings in Cloetta Fazer (publ.) in Sweden.
Proceedings in the District Court of Helsinki.

– Acted as counsel to Kvaerner Pulping Oy in a dispute concerning defence of enforcement of a Singapore arbitration award.
Proceedings in the District Court of Tampere, Finland.

For more information, please contact Mr. Jan WaseliusMr. Bernt Juthstrom or Mr. Christoffer Waselius.

Tuurna