UK – Genentech Inc and Master Data Center Inc v. Comptroller General of Patents

Posted: May 15th, 2020

Genentech Inc v The Comptroller General of Patents and Master Data Center Inc v Comptroller General of Patents [2020] EWCA Civ 475, 31 March 2020 The Court of Appeal, with Floyd LJ giving the lead judgment, dismissed Master Data Center Inc (“Master Data”) and Genentech Inc’s (“Genentech”) appeals of the High Court decision of Douglas […]


UK – Master Data Center, Inc v. The Comptroller General Of Patents

Posted: May 15th, 2020

Master Data Center, Inc v The Comptroller General Of Patents [2020] EWHC 572 (Pat), 11 March 2020 In this judgment Douglas Campbell QC dismissed both appeals from Master Data Center Inc (“Master Data”) and Genentech Inc (“Genentech”). The parties were appealing the decision of the Hearing Officer, who held that when a supplementary protection certificate […]


UK – Teva UK Limited and others v. Gilead Sciences / SPC

Posted: January 13th, 2020

Teva UK Limited and others v Gilead Sciences, Inc. [2019] EWCA Civ 2272 The Court of Appeal has dismissed Gilead Sciences, Inc.’s appeal against a decision by Arnold J (as he then was) that its supplementary protection certificate for a product used in the treatment of HIV was invalid. Background The appellant, Gilead Sciences, Inc. […]


NL – Gilead vs. Dutch Patent Office – SPC tenofovir / emtricitabine

Posted: November 13th, 2019

Gilead vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The Hague 30 October 2019 Introduction The plaintiff in this matter, Gilead Sciences Inc. (“Gilead”), markets a medicinal product under the name Truvada. As many European patent practitioners will know, this product consists of a combination of the active ingredients tenofovir dispoproxil and emtricitabine. […]


CJEU – Eli Lilly v. Genentech / Request for a preliminary ruling ‘manifestly inadmissible’

Posted: September 17th, 2019

Eli Lilly and Company v. Genentech Inc., Reference for a preliminary ruling, 5 September 2019, Case C‑239/19 “[T]he justification for a reference for a preliminary ruling is not that it enables such opinions to be delivered but rather that it is necessary for the effective resolution of a dispute concerning EU law (judgment of 13 […]



Posted: May 21st, 2019

Gilead Biopharmaceutics Ireland UC, Gilead Sciences, S.L.U., Gilead Sciences Ireland UC & Gilead Sciences, INC. v. Mylan S.A.S., Mylan Pharmaceuticals S.L. & Teva Pharma, S.L.U., Appeals Court of Barcelona, Section 15, 12 December 2018, Docket 121/2018 The Court of Appeals of Barcelona ruled in a preliminary injunction case on the requirements for an SPC, in […]


DE – Merck Sharp & Dohme v. ratiopharm et al. / SPC / Appeal

Posted: March 28th, 2019

Higher Regional Court Düsseldorf, 15 March 2019, docket no. I-2 U 62/18 – Ezetimibe/Simvastatin On March 15, 2019 the Higher Regional Court Düsseldorf finally dismissed MSD’s request for a preliminary injunction based on their SPC for ezetimibe and simvastatin and thereby confirmed the result of the first instance decision of the Regional Court Düsseldorf of […]


UK – Eli Lilly v. Genentech / referral to CJEU

Posted: March 11th, 2019

Eli Lilly And Company & Ors v Genentech, Inc [2019] EWHC 387 and 388 (Pat) (01 March 2019) This was a claim brought by Eli Lilly and Company (“Lilly”) for revocation of Genentech’s patent EP (UK) No. 1,641,822 (the “Patent”) entitled “IL-17A/F heterologous peptides and therapeutic uses thereof”. Genentech does not have a marketed product […]


CH – SPCs cannot be revoked on the grounds of a wrongfully granted re-establishment of rights

Posted: February 27th, 2019

SPCs cannot be revoked on the grounds of a wrongfully granted re-establishment of rights. The Swiss list of grounds for nullity for SPCs is exhaustive. The Federal Supreme Court (FSC) provided valuable clarification regarding the grounds for nullity of SPCs in its recent judgment 4A_415/2018 of 7 December 2018. In the case underlying this judgment, […]