NORWAY LAW AND PRACTICE Contributed by: Lars Erik Steinkjer, Nora Bratheim and Guro S K Nybø, Wikborg Rein Advokatfirma AS
imminent infringement or actual infringement. A warning letter with a short deadline (normally two weeks, or shorter if there is urgency) should be issued first, followed by filing a request for a PI fairly soon thereafter – normally within two to four weeks. Note that protective letters are not available in Norway. Inter Partes PIs The timeline in inter partes PI proceedings is typically as follows. • The patentee will file a PI request, together with evidence to support that the defendant’s product constitutes infringement and that infringement is imminent. • The defendant will be notified of the request by the court and then normally allowed a short limited period of time in which to file a defence. • Where matters concerning validity and/ or infringement involve complex scientific issues, the court will usually allow time for experts to submit reports – for example, within a limited time period of one or two months. • A hearing takes place in court, which could last between three and seven days. The hear - ing and the proceedings correspond in many respects to an ordinary case on the merits. • A verdict is normally delivered two to four weeks after the hearing took place. The verdict may be appealed within a month to the Court of Appeal, which normally will assess the matter based on the written pleadings and evidence. Ex Parte PIs The criteria for obtaining an ex parte PI are based on extreme urgency and the threat of substantial harm to the patentee’s interest if inter partes pro -
ceedings are allowed. The threshold for the grant of an ex parte injunction in Norway is high in pharma patent cases. In complex patent cases, they are rarely granted. 1.4 Structure of Main Proceedings on Infringement/Validity In Norway, revocation claims and infringement claims are dealt with in the same proceedings. 1.5 Timing for Main Proceedings on Infringement/Validity A typical timeline for a revocation and/or infringe - ment action in Norway is as follows. • A writ is filed with the Oslo District Court, which is the mandatory venue for patent cases. • The defendant is normally granted a time limit of three weeks in which to file a defence to the writ. The time limit may be extended by another three to four weeks in complex cases. • A case management conference with the judge and counsel is held a few weeks after the defendant has submitted the defence. Hearing dates, appointment of expert lay judges, etc, will be decided at this confer - ence. • A main hearing, typically lasting four to nine consecutive court days, would normally take place between six and ten months from com - mencement of proceedings. • A judgment from the Oslo District Court can be expected within six to ten weeks, depend - ing on complexity. 1.6 Requirements to Bring Infringement Action Infringement actions are normally brought on the basis of a granted patent. In theory, an infringe - ment action can be filed before the grant or vali -
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