EPLAW PATENT BLOG

CJEU – Opinion AG in Mylan v. Gilead / SPC

Posted: September 28th, 2023

Opinion of Advocate General Szpunar delivered on 21 September 2023, Request for a preliminary ruling from the markkinaoikeus (Market Court, Finland), Mylan AB v. Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, and Gilead Sciences Inc., Case C‑473/22, ECLI:EU:C:2023:699 Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis […]

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NL – Genmab v. Dutch Patent Office / SPC

Posted: September 15th, 2023

Genmab A/S v. Dutch Patent Office, District Court The Hague, The Netherlands, 29 August 2023, Case no. ECLI:NL:RBDHA:2023:12773 Application for a supplementary protection certificate for the product “ofatumumab” used as a medicinal product. A marketing authorization has been granted for the product, but this is not the first authorization for placing the product on the […]

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NO – SPC manufacturing waiver has entered into force in Norway

Posted: March 13th, 2023

Update on the implementation of the SPC manufacturing waiver into Norwegian law, by Guro Nybø, Nora Bratheim, Lars Erik Steinkjer and Gunnar Meyer, Wikborg Rein Since 2 July 2022, the SPC manufacturing waiver, adopted by the European Parliament in 2019 through Regulation 2019/933, has been available for pharmaceutical manufacturers within the EU. The waiver enables […]

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NO – The EU SPC manufacturing waiver is soon expected to be incorporated into Norwegian law

Posted: November 7th, 2022

Implementation of the SPC manufacturing waiver into Norwegian law, by Guro Nybø, Nora Bratheim, Lars Erik Steinkjer and Gunnar Meyer, Wikborg Rein The SPC manufacturing waiver was adopted by the European Parliament in 2019 through Regulation 2019/933 amending Regulation (EC) no 469/2009 concerning the supplementary protection certificate for medicinal products (the SPC Regulation). The waiver […]

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DE – Truvada / Supreme Court / SPC

Posted: January 19th, 2021

Introduction The recent decision “Truvada” of the Federal German Supreme Court, dated 22 September 2020 (docket no. X ZR 172/18) is a landmark decision in the field of supplementary protection certificates („SPCs“). According to the decision, the legitimate legal interest (“Rechtsschutzbedürfnis”) for filing a nullity action after the expiry of the term of an SPC […]

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NL – Novartis v. Mylan / deferasirox

Posted: October 15th, 2020

Novartis v. Mylan (deferasirox) District Court of The Hague (PI judge Brinkman), 29 September 2020, KG ZA 20-605 Facts The patentee Novartis AG (“Novartis”) is the proprietor of EP 0 914 118 (“EP 118”). EP 118 covers deferasirox, an oral iron chelator that is sold by Novartis under the trademark Exjade. EP 118 is granted […]

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ES – Lacosamide

Posted: October 2nd, 2020

Lacosamide / Commercial Court no. 5 of Barcelona, 14 April 2020, Docket No. 672/2017 / Invalidity action (public availability of a prior art document) & action for threat of patent infringement On 8 September 2017 the plaintiff, LABORATORIOS NORMON, S.A. (hereinafter, “NORMON”) filed an invalidity action against the companies RESEARCH CORPORATION TECHNOLOGIES INC., UCB BIOPHARMA […]

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CJEU – Santen v. Directeur Général INPI / SPC

Posted: July 10th, 2020

Santen SAS v. Directeur Général de l’Institut national de la propriété industrielle, Court of Justice of the EU, 9 July 2020, Case C‑673/18 “Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning […]

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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 […]

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