Aventis Pharma S.A, (currently called Sanofi Aventis), obtained in Argentina the granting of a patent that protects the process to prepare docetaxel trihydrate which is an oncology compound.

Based on such patent, it requested the granting of injunctions against several competitors, among them, Microsules Argentina S. A., throughout the proceeding of the precautionary measure, made clear that they did not use the active agent docetaxel trihydrate but they used docetaxel anhydrous, which is in the public domain and, therefore, anyone may use it. Consequently, identifying and detailing the process used was irrelevant, since they used a different product.

As Microsules's product was manufactured with an active agent that was in the public domain and therefore it was not protected by Aventis's patent, the courts understood that the latter exceeded itself in its claim when invoking alleged infringements to its patent over uses that were outside its reach or coverage. The above, with the aggravating factor that, considering Aventis's specialization in the field, it could not be unaware of this fact and that it was causing unnecessary damages.

Complete text of the ruling.
Alfredo M Sena