EPLAW PATENT BLOG

CJEU – request for preliminary ruling Genentech v. Hoechst

Posted: February 20th, 2015

Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 9 December 2014 — Genentech Inc. v Hoechst GmbH, formerly Hoechst AG, Sanofi-Aventis Deutschland GmbH, (Case C-567/14)

Question referred:

‘Must the provisions of Article 81 of the Treaty (now Article 101 TFEU) be interpreted as precluding effect being given, where patents are revoked, to a licence agreement which requires the licencee to pay royalties for the sole use of the rights attached to the licensed patent?’ 

Read a previous post on the case, by Pierre Véron and Amandine Métier, Véron & Associés entitled 'A 100 Million Euro question referred to the CJEU' here.

Find the Curia documents on the case here.

Leave a Reply