The most recent decision of the Düsseldorf Appeal Court of January 9 2019 (Case No. I-2 U 27/18) in the legal dispute concerning the active substance fulvestrant contributes to solidifying the new liability requirement of "sufficient scope of use". This was formulated by the court for the first time in the Östrogenblocker decision of May 5 2017 (Case No. I-2 W 6/17). Subject to the proceedings was European patent EP1272195B1, which protects the use of fulvestrant in the preparation of a medicament for the treatment of a patient with breast cancer who was previously treated with an aromatase inhibitor and tamoxifen and where such previous treatment failed.
