EPLAW PATENT BLOG

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 […]

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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 […]

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HU – First preliminary injunction based on SPC

Posted: November 12th, 2013

The Metropolitan Tribunal (Budapest) has granted at first instance a preliminary injunction in a pharmaceutical patent infringement case based on a supplementary protection certificate. The case involved two plaintiffs, one of them being the exclusive licensee of the subject SPC, while the other is a pharmaceutical company who acquired from the first plaintiff the marketing […]

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UK – Resolution v Lundbeck (Appeal)

Posted: August 5th, 2013

Resolution Chemicals Limited v H. Lundbeck A/S, Court of Appeal, London, UK, 29 July 2013, Case no. [2013] EWCA Civ 924 The Court of Appeal has upheld Arnold J’s first instance decision that Resolution is not precluded from challenging the validity of Lundbeck’s patent or SPC for escitalopram. Resolution sought revocation of supplementary protection certificate SPC/GB02/049 […]

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UK – BMS v Teva

Posted: July 10th, 2013

Merck, Sharp & Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Ltd v Teva Pharma B.V. and Teva UK Ltd, England & Wales High Court, 9 July 2013, [2013] EWHC 1958 (Pat), with thanks to Daniel Brook and Laura Whiting, Hogan Lovells, for providing the judgment and a summary in English The English High Court today gave […]

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UK- GSK v Comptroller- General

Posted: April 5th, 2013

Glaxosmithkline Biological SA v Comptroller-General of Patents Designs and Trade Marks, Patents Court, London, UK, 21 March 2013, Case No. [2013] EWHC 619 (Pat) The UK Patents Court has made a further reference to the Court of Justice of the European Union, requesting that Article 1(b) of Regulation 469/2009/EC (the SPC Regulation) be clarified, and […]

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FR – Novartis v. Actavis – Cour de cassation

Posted: January 18th, 2013

Novartis v. Actavis, French Cour de cassation, Paris, France, 15 January 2013, Case number  A 11-26.632, with thanks to Pierre Véron and Nicolas Bouche, Véron & Associés, for providing the judgment, a translation in English and a summary The French Cour de cassation follows the Court of Justice of the European Union’s ruling of 9 […]

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UK – Dr Reddy’s Laboratories v Warner-Lambert

Posted: January 14th, 2013

Dr Reddy’s Laboratories (UK) Ltd and Dr Reddy’s Laboratories Ltd v Warner-Lambert Company LLC, 20 December 2012, Patents Court, UK, Case No. HC 11C03027This is a UK decision clarifying certain provisions of Regulation (EC) 1901/2006 (the “Paediatric Regulation”) which applies in relation to the grant of a six month extension to Supplementary Protection Certificates (SPCs), […]

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NL – Georgetown University v. Dutch Patent Office

Posted: November 1st, 2012

Georgetown University, Washington, DC, USA v. Octrooicentrum Nederland (Dutch Patent Office), Administrative Law division of the District Court The Hague, the Netherlands, referral judgement of 12 October 2012, case no. AWB 10/4769 *** Now including a translation in English with thanks to Hoyng Monegier ***Georgetown University (“GU”) held the EP0647140 patent for ‘Papillomavirus vaccines’ and […]

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