UK – Teva v. Gilead

Posted: January 30th, 2017

Teva UK Limited and Others v Gilead Sciences Inc, High Court of England and Wales (Arnold J), London, UK, 13 January 2017, Neutral Citation Number: [2017] EWHC 13 (Pat) Arnold J has again referred a question to the CJEU concerning the interpretation of Article 3(a) of Regulation 469/2009 (the “SPC Regulation”) namely: what are the […]


EU – MSD v. Comptroller-General / SPC referral to CJEU

Posted: January 17th, 2017

Merck Sharp and Dohme v. The Comptroller-General of Patents, Designs and Trade Marks, referral to CJEU, 10 November 2016, Case No. C-567/16, 10 Nov 2016 The questions referred are: (1) Is an End of Procedure Notice issued by the reference member state under Article 28(4) of European Parliament and Council Directive 2001l83/EC of 6 November […]


HU – Hungarian Court refers questions for preliminary ruling to CJEU about calculation of duration of SPCs

Posted: January 16th, 2017

SPCs are important assets for pharmaceutical patent holders as they compensate the loss of duration of exclusive exploitation right of their invention due to the time lapsed between the filing of a patent application and obtaining a marketing authorization. Namely, it is only the marketing approval that enables the launch of the patented product and […]


CJEU – Hoffmann-La Roche AG v. Accord Healthcare (SPC)

Posted: October 6th, 2016

Request for a preliminary ruling under Article 267 TFEU from the Riigikohus (Supreme Court, Estonia), made by decision of 21 October 2015, received at the Court on 2 November 2015, in the proceedings F. Hoffmann-La Roche AG v Accord Healthcare OÜ, 5 October 2016, Case C‑572/15 1. The Court of Justice of the European Union […]


NL – Resolution v. Shionogi

Posted: August 2nd, 2015

Resolution Chemicals Limited v. Astrazeneca B.V. and Shionogi Seiyaku Kabushiki Kaisha, District Court The Hague, 15 July 2015, Case No. HA ZA 14-738, now including a translation in English and an extended head note with thanks to Mark van Gardingen and Jan Pot, Brinkhof Shionogi holds supplementary protection certificate (SPC) 300125 for ‘Rosuvastatinum, if desired […]


AT – Oberster Gerichtshof / SPC

Posted: May 27th, 2015

Oberster Gerichtshof, Austria, 22 April 2015, Case No. 4 Ob 20/15t In C-631/13 (Forsgren), the ECJ already ruled: Article 3(b) of Regulation No 469/2009 must be interpreted as precluding the grant of a supplementary protection certificate for an active ingredient whose effect does not fall within the therapeutic indications covered by the wording of the […]


ES – Arne Forsgren v. SPTO / Protein D SPC

Posted: April 16th, 2015

Mr. Arne Forsgren v. Spanish Patents and Trademarks Office, High Court of Justice (Contentious-Administrative Chamber – 2nd Section) of Madrid, Spain, 9 July 2014, Docket No. 945/2012. The wave of resolutions from the European Court of Justice (ECJ) concerning SPCs and the related interpretation of the provisions from the Regulation (EC) No. 469/2009 (hereinafter, “the […]


NL – Syngenta v. Dutch Patent Office: Rectification (extension) of SPC term after grant

Posted: March 5th, 2015

Syngenta v. Dutch Patent Office, Council of State, 18 February 2015, case no. 201406096/1/A3, with thanks to Edmon Oude Elferink, Conny Delissen, Willem Hoorneman and Rogier de Vrey, CMS Derks Star Busmann, for sending in a translation of the decision in English as well as a head note The Dutch Council of State -the highest […]


ES – Cinfa & Actavis v. Boehringer / Telmisartan + HCTZ SPC / Invalidity Appeal

Posted: October 17th, 2014

Laboratorios Cinfa, S.A. & Actavis Group PTC EHF v. Boehringer Ingelheim Pharma GmbH & Co. KG, Court of Appeals (3rd Section) of Navarra, Spain, 20 May 2014, Docket No. 278/2012. In a Decision rendered on 20 May 2014, the Court of Appeals of Navarra confirmed the invalidity of Boehringer’s SPC for the combination product Telmisartan […]