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, […]


CH – Gilead / Truvada SPC – Switzerland to move away from the “infringement test” for future SPCs for Combination Products

Posted: June 21st, 2018

Validity of Gilead’s Swiss TRUVADA® SPC confirmed but Switzerland will move away from the “infringement test” for future SPCs for combination products, By Simon Holzer, Kilian Schärli and Marco Borer, Meyerlustenberger Lachenal * English translation of the decision now included * The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates […]


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 […]


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 […]


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 […]


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 […]