The Roquette Frères Company obtained a provisional order issued on 17 December 2008 by Presiding Judge of the Paris District Court, prohibiting Zhejiang Huakang Pharmaceutical Co., Ltd from carrying out the alleged acts of infringement.

Huakang filed request to withdraw the order as ROQUETTE was disloyal to the Judge by concealing the existence of the opposition lodged against the European patent No. 0 905 138 as well as the consequences. And the opposition procedure has led to a limitation to the protection scope of European patent granted for the same invention as French patent FR 07 12035.

After the hearing of June 17, 2009, the Presiding Judge rendered the following judgment

- withdraw the provisional order issued on 17 December 2008 in its entirety;

- Order that ROQUETTE publishes the present decision on its website during a period of three months in the same formal conditions as the publication of the withdrawn order, under a penalty of 150 euros by day of delay after a period of one month following the service of the present decision;

- Order ROQUETTE to pay the claimants, ZHEJIANG HUAKANG, the amount of 10.000 euros pursuant to Article 700 of the Civil Procedure Code.