NL – Resolution v. Shionogi

Posted: August 2nd, 2015

Resolution Chemicals Limited v. Astrazeneca B.V. and Shionogi Seiyaku Kabushiki Kaisha, District Court The Hague, 15 July 2015, Case No. HA ZA 14-738, now including a translation in English and an extended head note with thanks to Mark van Gardingen and Jan Pot, Brinkhof Shionogi holds supplementary protection certificate (SPC) 300125 for ‘Rosuvastatinum, if desired […]


AT – Oberster Gerichtshof / SPC

Posted: May 27th, 2015

Oberster Gerichtshof, Austria, 22 April 2015, Case No. 4 Ob 20/15t In C-631/13 (Forsgren), the ECJ already ruled: Article 3(b) of Regulation No 469/2009 must be interpreted as precluding the grant of a supplementary protection certificate for an active ingredient whose effect does not fall within the therapeutic indications covered by the wording of the […]


ES – Arne Forsgren v. SPTO / Protein D SPC

Posted: April 16th, 2015

Mr. Arne Forsgren v. Spanish Patents and Trademarks Office, High Court of Justice (Contentious-Administrative Chamber – 2nd Section) of Madrid, Spain, 9 July 2014, Docket No. 945/2012. The wave of resolutions from the European Court of Justice (ECJ) concerning SPCs and the related interpretation of the provisions from the Regulation (EC) No. 469/2009 (hereinafter, “the […]


NL – Syngenta v. Dutch Patent Office: Rectification (extension) of SPC term after grant

Posted: March 5th, 2015

Syngenta v. Dutch Patent Office, Council of State, 18 February 2015, case no. 201406096/1/A3, with thanks to Edmon Oude Elferink, Conny Delissen, Willem Hoorneman and Rogier de Vrey, CMS Derks Star Busmann, for sending in a translation of the decision in English as well as a head note The Dutch Council of State -the highest […]


ES – Cinfa & Actavis v. Boehringer / Telmisartan + HCTZ SPC / Invalidity Appeal

Posted: October 17th, 2014

Laboratorios Cinfa, S.A. & Actavis Group PTC EHF v. Boehringer Ingelheim Pharma GmbH & Co. KG, Court of Appeals (3rd Section) of Navarra, Spain, 20 May 2014, Docket No. 278/2012. In a Decision rendered on 20 May 2014, the Court of Appeals of Navarra confirmed the invalidity of Boehringer’s SPC for the combination product Telmisartan […]


UK – Eli Lilly v HGS / SPC

Posted: August 13th, 2014

Eli Lilly and Company v Human Genome Sciences Inc, Patents Court, 18 July 2014, [2014] EWHC 2404 (Pat), Warren J The unenviable task of implementing the CJEU ruling in Eli Lilly v HGS (C-493/12 here, on the meaning of “protected” by a basic patent, and reported in the EPLAW Patent Blog here) fell to Warren […]


NL – Mylan v. Janssen Pharmaceuticals

Posted: February 27th, 2014

Mylan B.V. v. Janssen Pharmaceuticals Inc., District Court The Hague, 11 December 2013, Case No. C/09143 1145 / HA ZA 12-1336 The District Court of the Hague invalidated Janssen’s tramadol-acetaminophen combination SPC on account of a lack of inventive step. The claims of the base patent required the presence of a combination between a tramadol compound […]


EU – Three rulings CJEU on SPC

Posted: December 23rd, 2013

The CJEU delivers a mixed Christmas package for SPC owners, by Matthew Royle, Taylor Wessing On the 12 December the CJEU delivered three important rulings on supplementary protection certificates under Regulation 469/2009/EC ("SPC Regulation"). All the rulings follow in the aftermath of the CJEU's seminal Medeva (C-322/10) decision of 2011. However, only two (Georgetown University and […]


EU – Can you get more than one SPC per patent?

Posted: November 20th, 2013

Can you get more than one SPC per patent? The Advocate General declines to opine, by Matthew Royle, Taylor Wessing The Advocate General's opinion in Georgetown University (C-484/12) was released on 14 November.  It fails to recommend whether or not more than one SPC can be granted based on the same patent.  However, on the […]