EPLAW PATENT BLOG

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 […]

READ MORE

ES – GILEAD v. MYLAN & TEVA / APPEAL

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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, […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE

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 […]

READ MORE