EPLAW PATENT BLOG

EU – Teva and Mylan v. Gilead

Posted: April 26th, 2018

Teva UK Ltd, Accord Healthcare Ltd, Lupin Ltd, Lupin (Europe) Ltd, Generics (UK) trading as ‘Mylan’ v. Gilead Sciences Inc. Request for a preliminary ruling, Opinion of Advocate General Wathelet, 25 April 2018, Case C-121/17, ECLI:EU:C:2018:278 “In the light of all the foregoing, I propose that the Court should answer the question referred for a preliminary […]

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NL – Merck Sharp & Dohme v. The Dutch Patent Office

Posted: April 20th, 2018

Merck Sharp & Dohme Corp. vs. the Dutch Patent Office, District Court of The Hague, 10 April 2018, ECLI: NL:RBDHA:2018:4081 The issue at hand is whether the Dutch Patent Office (“DPO”) has rightfully refused the application for a Dutch supplementary protection certificate (“SPC”) for a combination product of ezetimib and rosuvastatin on the basis of […]

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SE – Sandoz v. ViiV Healthcare

Posted: March 2nd, 2018

Sandoz A/S v. ViiV Healthcare UK Limited, Patent and Market Court of Appeal, Sweden, 30 June 2017, Docket No. PMÖ 3565-17 Sandoz requested that the preliminary injunction barring its pharmaceutical products Abacavir/Limavudine Sandoz 600 mg/300 mg from being marketed and sold on the Swedish market be vacated. The Patent and Market Court of Appeal overturned […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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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 […]

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