The Munich I Regional Court’s latest landmark patent ruling, unlike all previous ones, does not revolve around access to some form of injunctive relief. It is about safeguarding pharma innovation and access to potentially life-saving and -prolonging drugs during clinical trials. And it goes against a decision by another court in the same city.
Context
- The global dispute over Bayer’s rivaroxaban blood thinner (marketed under the Xarelto brand) has given rise to large number of decisions, several of which have landmark status in their respective jurisdictions.
- ip fray has reported selectively. We discussed aspects of the dispute
- with Sandoz IP chief Julia Pike (February 4, 2026 ip fray interview) ,
- in an article on a South African finding having given a UK court pause (July 31, 2025 ip fray article),
- a preliminary injunction (PI) ruling by the Danish Supreme Court (January 10, 2026 ip fray article), and
- a validity-related decision by the United States Court of Appeals for the Federal Circuit (September 24, 2025 ip fray article).
- Bayer’s EP1845961 (“Prevention and treatment of thromboembolic disorders”) expired three months ago. But damages for past infringement as well as cost and fee awards have yet to be resolved.
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Court
Landgericht München I, 21. Zivilkammer (Munich I Regional Court, 21st Civil Chamber): Presiding Judge Dr. Hubertus Schacht (January 16, 2026 ip fray article), Judge Dr. Julia Obermeier, and Judge Dr. Sebastian Benz.
We gladly list parties and counsel, but the document available to us does not provide the names and we can’t rely on reports that could contain errors or be outdated.