EPLAW PATENT BLOG

ES – Appeal / Rosuvastatin / Swiss-type claims in view of the Spanish Reservation to the EPC

Posted: July 13th, 2018

Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Court of Appeals of Barcelona, Section 15, 16 May 2018, Docket No. 59/2018

In a first instance judgment dated 12 July 2017, Commercial Court No. 5 of Barcelona concluded that use claims in the Swiss-type format, being purpose-related process claims, fell within the scope of the Spanish Reservation to the EPC. However, this decision was revoked by the Court of Appeals of Barcelona in a judgment dated 16 May 2018, which, contrary to the Court of First Instance, ruled that Swiss-type claims are not affected by the Reservation.

The entire summary (in English) can be read here.
The judgment (in Spanish) can be read here.

Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER

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