ES – Gilead v. Teva & Mylan / Tenofovir + Emtricitabine / Interim injunction opposition

Posted: February 7th, 2018

Gilead Biopharmaceutics Ireland UC., Gilead Sciences, S.L.U., Gilead Sciences Ireland UC., Gilead Sciences, Inc. v. Teva Pharma, S.L.U, Mylan Pharmaceuticals, S.L., Mylan S.A.S., Barcelona Commercial Court No. 4, 20 October 2017, Docket No. 190/2017 – 197/17 In its decision of 20 October 2017, Barcelona Commercial Court No. 4 reversed its previous rulings pursuant to which […]


UK – Sandoz v. G.D. Searle / Appeal

Posted: February 2nd, 2018

Sandoz Limited and Hexal AG v G.D. Searle LLC and Janssen Sciences Ireland UC, Court of Appeal (Civil Division), Lord Justice Floyd, London UK, 25 January 2018, [2018] EWCA Civ 49 On 25 January 2018, the UK Court of Appeal handed down its decision in Sandoz v G.D. Searle. Floyd LJ, giving the leading judgment, […]


EFTA – MSD v. The Icelandic Patent Office / Negative term SPC

Posted: December 22nd, 2017

MSD v. The Icelandic Patent Office, EFTA Court, 21 December 2017, Case no. E-5/17 “Merck Sharp & Dohme Corp. (“Merck”) filed an application for an SPC with the Icelandic Patent Office in September 2007. The period between the application date of Merck’s basic patent (July 2002) and the grant of the first marketing authorisation (March […]


EU – CJEU SPC ruling Incyte (HU)

Posted: December 20th, 2017

C-492/96 Incyte – CJEU’s preliminary ruling allows rectification of SPC durations to bring them in line with Seattle Genetics The Court of Justice of the European Union closed the year by adding a favourable preliminary ruling for SPC holders to the flurry of recent SPC referrals and decisions. The history of the one rendered today […]


CH – Gilead v. Teva / SPC Truvada®

Posted: December 18th, 2017

In two recent decisions (O2017_001 of 3 October 2017 and S2017_006 of 10 October 2017), the Swiss Federal Patent Court upheld the validity of Gilead’s Supplementary Protection Certificate (SPC) for Truvada®, a combination preparation of tenofovir disoproxil fumarate and emtricitabine used with other HIV-1 medicines to treat HIV-1 infection, and subsequently preliminarily enjoined Teva from […]


NL – SPC Trastuzamab emtansine (Kadcyla)

Posted: August 9th, 2017

Legal entity [X] v. The Dutch Patent Office, District Court The Hague, 19 July 2017, Case No. ECLI:NL:RBDHA:2017:8031 Court appeal against the decision of the Dutch Patent Office to refuse to grant an SPC for trastuzamab emtansine. The Court agrees with the Dutch Patent Office that Article 3 first part and under a of SPC […]


NL – Millennium v. Teva

Posted: July 31st, 2017

Millennium Pharmaceuticals Inc. v. Teva Nederland B.V., Pharmachemie B.V., Teva Pharma B.V., Teva Pharmaceuticals Europe B.V. and Teva API B.V., Summary Judge of the District Court of The Hague, 25 July 2017, Case no. ECLI:NL:RBDHA:2017:8259 The present dispute concerns an alleged infringement of the rights of Millennium Pharmaceuticals Inc. (“Millennium”) as vested in the Dutch […]


UK – Sandoz and Hexal v. Searle and Janssen Sciences Ireland

Posted: May 16th, 2017

(1) SANDOZ LIMITED (2) HEXAL AG V (1) G.D. SEARLE LLC (2) JANSSEN SCIENCES IRELAND UC The UK Patents Court has recently handed down its decision in Sandoz v G.D. Searle.  Arnold J held that Searle’s SPC for darunavir (Prezista) is valid and refused to refer a question to the CJEU for a preliminary ruling […]


UK – Teva UK Limited & Ors v. Merck Sharp & Dohme Corporation

Posted: May 1st, 2017

(1) Teva UK Limited, (2) Accord Healthcare Limited, (3) Generics (UK) Limited trading as Mylan v Merck Sharp & Dohme Corporation Arnold J held that Merck Sharp & Dohme Corporation’s (“MSD”) SPC was invalid as it did not comply with either Article 3(a) or Article 3(c) of the SPC Regulation. The SPC in issue was […]