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Facts
Sanofi is the owner of European Patent 2.346.552 (EP 552), which does not claim a pharmaceutical invention, but an injectable drug delivery device for the administration of drugs, such as a syringe or a pen, with certain technical features.
Mylan holds a marketing authorisation for a biosimilar insulin glargine medicinal product (Semglee) in the form of a pre-filled pen with an injectable solution.
In July 2019 Sanofi filed an infringement action against Mylan, together with an
ex parte preliminary injunction request seeking an order from the court prohibiting the launch of Semglee. The case was assigned to Barcelona Commercial Court Number 1, which refused to grant any preliminary injunction