Posted: October 26th, 2018
MSD v. Teva, Pharmachemie and centrafarm, Court of Appeal The Hague, 23 October 2018
The Court of Appeal in interlocutory proceedings finds that MSD’s SPC for the combination product of ezetimibe and simvastatin is likely to be found invalid in proceedings on the merits in view of Article 3 c) of Regulation No 469/2009 (“SPC Regulation”). This, since earlier an SPC was granted for ezetimibe and the combination of ezetimibe with simvastatin is not part of the invention of the basic patent.
The ruling of the Court of Appeal is in line with the earlier ruling of the Landgericht Düsseldorf.
A copy of the decision can be read here on www.ie-forum.nl.