EPLAW PATENT BLOG

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, […]

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CJEU – The Netherlands v. Warner-Lambert

Posted: February 19th, 2019

CJEU – Staat der Nederlanden v. Warner-Lambert Company LLC, Judgment of the Court, 14 February 2019, Case No. C‑423/17 [I]n a marketing authorisation procedure […], communication to the competent national authority by the applicant or holder of a marketing authorisation for a generic medicinal product of the package leaflet or a summary of the product […]

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NL – G.D. Searle v. Sandoz

Posted: January 17th, 2019

G.D. Searle LLC. v. Sandoz B.V., PI Judge District Court the Hague d.d. 8 January 2019, ECLI:NL:RBDHA:2019:72 Searle was the holder of European patent EP 0 810 209 B1 titled “Alpha – and beta-amino acid hydroxyethylamino sulphonamides useful as retroviral protease inhibitors”, which lapsed on 23 August 2013. The claims of this patent define a […]

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CJEU – Abraxis Bioscience LLC v. Comptroller General of Patents / Opinion AG / SPC

Posted: January 7th, 2019

Abraxis Bioscience LLC v. Comptroller General of Patents, Opinion of AG SAUGMANDSGAARD ØE, 13 December 2018, Case C‑443/17 In the light of all the foregoing considerations, I propose that the Court give the following answer to the question referred by the High Court of Justice (England & Wales), Chancery Division (Patents Court), United Kingdom: Article […]

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NL – G.D. Searle v. Sandoz

Posted: November 6th, 2018

G.D. Searle LLC. v. Sandoz B.V., PI Judge District Court The Hague, 1 November 2018, Case no. ECLI:NL:RBDHA:2018:13017 Sandoz, without any prior warning, introduced a generic version of Prezista® at risk on the Dutch market. Sandoz included its product in the October version of the ‘G-Standaard’, which is the Dutch database containing information on all […]

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NL – MSD v. Teva, Pharmachemie and centrafarm / SPC

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 […]

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DE – Merck Sharp & Dohme Corp. v. ratiopharm – Ezetimibe/Simvastatin

Posted: October 9th, 2018

Merck Sharp & Dohme Corp. vs. ratiopharm GmbH et al., District Court of Düsseldorf, 1 October 2018, docket no. 4b O 39/18 – Ezetimibe/Simvastatin The Düsseldorf District Court recently overturned several preliminary injunctions (“PIs”) that it had initially granted ex parte against generic companies, including ratiopharm GmbH. The case concerns the German supplementary protection certificate […]

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CJEU – Opinion AG / Staat der Nederlanden v. Warner Lambert / SPC / Carve out

Posted: October 5th, 2018

Opinion of Advocate General Kokott, 4 October 2018, Case C‑423/17, Staat der Nederlanden v. Warner-Lambert Company LLC A communication whereby the marketing authorisation applicant or holder for a generic medicine, notifies the authority that he is not including in the summary of product characteristics and the package leaflet, those parts of the summary of product […]

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NL – Dutch Patent Office v. Bayer

Posted: September 24th, 2018

Dutch Patent Office v. Bayer Schering Pharma Aktiengesellschaft, Administrative Jurisdiction Division of the Council of State, 19 September 2018, Case No.  ECLI:NL:RVS:2018:3058 The Dutch Patent Office earlier rejected Bayer’s SPC application for a multi phase birth control pill (Qlaira) based on natural estrogens estradiol valerate and dienogest. The Dutch Patent Office rejected the SPC application, […]

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