Graduate in Law from the University of ICADE in 2012 and Graduate in Business Administration from ICADE in 2013.
Master in Intellectual Property Law, Competition and New Technologies from the Pons Foundation in 2013.
In 2011 Ignacio set up an association of entrepreneurs for the Universidad Pontificia de Comillas, providing free legal advice to entrepreneurs.
Also in 2013 Ignacio worked in the Intellectual Property and New technologies department of Telefonica S. A. managing their patent portfolio.
Ignacio joined Grau & Angulo in 2014.
Areas of Practice
Spanish and English
A member of the Madrid Bar Association
The Barcelona Court of Appeal recently issued two decisions confirming the refusal of the preliminary injunctions that AstraZeneca had requested to prevent the commercialisation of fulvestrant generics by Teva and ratiopharm for alleged infringement of AstraZeneca's patents. The court confirmed the refusal by concluding that there was not enough urgency, whereas serious doubt remained over the validity of the patents at stake.
In order to better understand the usefulness of protective briefs, this article examines some recent cases that show that protective briefs can, in certain cases, reduce or even eliminate the risk of an ex parte preliminary injunction and the inconveniences associated therewith.
The Barcelona Court of Appeal recently confirmed the revocation of the preliminary injunction granted ex parte at the request of Merck Sharp & Dohme (MSD) for the alleged infringement of its NuvaRing patent. The court confirmed that an assessment of disputed facts in this context does not require certainty, but rather probability. Therefore, MSD's appeal was deemed to be groundless as it alleged an infringement of the rules of the burden of proof, which – in reality – did not apply.
Barcelona Commercial Court Number 5 recently revoked a preliminary injunction which had been granted ex parte at the request of Merck Sharp & Dohme BV (MSD) for alleged patent infringement. This case is notable, as the defendants' product – which is the first competitor of MSD's contraceptive vaginal ring, NuvaRing – is manufactured in Spain and sold in several European countries where other patent infringement proceedings are being prosecuted in parallel.
In 2016 Novartis sued several companies for the alleged infringement of its EU patent and sought preliminary injunctions to prevent the imminent launch of their valsartan and amlodipine generics. Barcelona Commercial Court Number 4 granted ex parte preliminary injunctions against some of the defendants in December 2016 and January 2017. However, on the defendants' opposition, the court recently revoked the preliminary injunctions.
Barcelona Commercial Court 4 recently dismissed a preliminary injunction motion filed by medac against Accord in a patent case regarding a particular formulation of the active ingredient methotrexate. The court analysed the patent's inventive step using the cited prior art and concluded that it would have been obvious to a person skilled in the art to optimise the volume of the injection in order to reduce pain by increasing the drug concentration.
Barcelona Commercial Court Number 4 recently dismissed an action filed against several generic drug companies which alleged infringement of two patents claiming manufacturing processes for the active ingredient drospirenone. The court upheld the defendants' arguments and held that when determining the scope of protection conferred by a patent, claims must be interpreted in light of the patent's description.
Madrid Commercial Court Number 8 recently dismissed a preliminary injunction by Actelion against Accord, Sandoz and Kern in a patent case regarding the drug bosentan. The defendants argued that Actelion could not request a preliminary injunction as Barcelona Commercial Court Number 1 had dismissed a previous motion. The Madrid court agreed with the defendants, as there had been no relevant change in circumstances.
A Barcelona commercial court has dismissed a preliminary injunction motion by Warner-Lambert and Pfizer against generics in a patent case regarding pregabalin (Lyrica). The court found no evidence of alleged patent infringement because pregabalin generics cannot be prescribed or dispensed off label, whereas Pfizer's product Lyrica is the only pregabalin drug which can be prescribed and dispensed to treat pain.
The Barcelona Commercial Court No 1 recently dismissed a preliminary injunction motion in a fenofibrate patent case. Abbott had applied for a preliminary injunction against Kern Pharma for alleged infringement of European patents EP1275387 and EP2050445. However, the court found no infringement of the first patent and indications that the second patent was invalid.
The Barcelona Court of Appeal has confirmed that the final revocation by the European Patent Office of a patent which was being asserted in ongoing infringement proceedings in Spain meant that the infringement action had to be dismissed, rather than the litigation simply being terminated because the patent in suit no longer existed.