IP Disputes(en) Archives - Castrén & Snellman

Arctic Biomaterials – Patent litigation over bioactive biomaterials for orthopedic implants

We enforce and defend your IP rights.

Our versatile IP litigation team has a solid track record of representing clients successfully in patent, trademark, design, copyright and trade secret litigation. Clients also trust our experts’ advice on disputes involving comparative or false advertising and claims of unfair competition.

As regards counterfeit and piracy matters, we represent several international and well-known brand owners in anti-counterfeiting operations, customs recordals and border enforcement.

We also have considerable experience in handling a wide range of litigation and arbitration involving franchise, license and other IP related commercial disputes.

Latest references

Trety – Dispute and settlement negotiations concerning a development and production agreement

We successfully represented Trety AB in a dispute and settlement negotiations concerning an agreement for development and production of communication devices for the healthcare sector. Eventually, the parties reached an amicable settlement to the full satisfaction of our client and thus the parties avoided an extensive arbitral proceeding. Trety AB is a global company that provides its customers with solutions for development, industrialization and production of electronics. Trety AB has over 30 years’ experience from IT, electronics and telecommunication industries.

Arctic Biomaterials – Patent litigation over bioactive biomaterials for orthopedic implants

We successfully represented Arctic Biomaterials Oy before the Finnish Market Court in an extensive dispute concerning alleged patent infringement and invalidity of the patent-in-suit. Our client has invented next-generation bioabsorbable composites that are engineered with Arctic Biomaterials’ X3 bioactive natural mineral fibers, offering robust, bioactive reinforcement for orthopedic implants. These advanced composites empower customers to create high-strength bioabsorbable solutions for the most demanding applications. Back in 2019, Purac Biochem B.V. alleged, among other things, that our client’s Evolvecomp product had infringed Purac Biochem B.V.’s European patent validated in Finland protecting a biocompatible composite and its use. Purac Biochem B.V. filed a preliminary injunction against our client under the Act on Securing the Provision of Evidence in Civil Cases Concerning Industrial Property Rights and Copyright (344/2000). The Finnish Market Court issued an ex-parte injunction against our client on 2 April 2019 (MAO:150/19) and a final injunction on 19 February 2020 (MAO:59/20). Our client had disputed Purac Biochem B.V.’s patent infringement claim from the beginning and claimed that the patent-in-suit was invalid. After five years of litigation, the Finnish Market Court handed down a ruling in the joined invalidity and infringement cases on 10 October 2024 (MAO:560/2024 and MAO:561/2024) declaring Purac Biochem B.V.’s patent invalid and dismissing Purac’s infringement action against Arctic Biomaterials. Also, the preliminary injunction based on an alleged patent infringement imposed against Arctic Biomaterials was cancelled. The Market Court declared Purac Biochem B.V.’s patent invalid due to a lack of inventive step. The Market Court applied the could-would method for determining whether the patent-in-suit is inventive or not. The could-would method is based on determining whether a person skilled in the art would (not simply could, but would) have made a specific improvement to prior solutions, based on the available prior art. The Market Court ruled that it would have been obvious to a person skilled in the art to solve the objective technical problem of the patent-in-suit in the manner presented in claim 1, using as a starting point the closest prior art (prior patent publication) and combining it with the teaching of another prior art publication. The decision is final.

BYG4Lab and Keensight Capital – Acquisition of Finbiosoft

We advised BYG4Lab, a portfolio company of the European growth buyout investor Keensight Capital, on its acquisition of Finbiosoft Oy, an innovative software company founded in 2011 with a mission to help laboratories reach higher quality and better efficiency. Founded in 1982, BYG4lab is a leading software company specialised in data management solutions for medical laboratories. The company is headquartered in France and employs nearly 110 people, of which approximately 40% are in R&D. Keensight Capital is a European growth buyout investor with deep expertise in technology and healthcare. Keensight Capital partners with the management teams of fast growing and profitable companies providing capital, strategic guidance and operational support.

Keensight Capital – Combination of Biovian and 3P Biopharmaceuticals

We advised Keensight Capital on the Finnish law aspects of the combination of Biovian and 3P Biopharmaceuticals, two leading biologics contract development and manufacturing organisations (CDMOs) backed by Keensight Capital, to establish 3PBIOVIAN, a new pan-European leader in its field. The combined group will offer unparalleled end-to-end development and manufacturing services for all protein expression systems and viral vectors, both for drug substance and drug product, from preclinical to clinical development and commercial phases. With over 500 professionals, manufacturing sites in Pamplona-Noáin (Spain) and Turku (Finland) and its commercial office in Boston (USA), 3PBIOVIAN will become one of the main independent European bio-CDMOs. We advised Keensight Capital alongside Paul Hastings, Keensight Capital’s lead legal counsel in the transaction, and Strelia and Garrigues, who, respectively, advised Keensight Capital on Luxembourgian and Spanish legal aspects of the combination.

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