Posted: May 7th, 2010
Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents, High Court of Justice, Chancery Division, Patents Court, London, UK, 6 May 2010, Case No. [2010] EWHC 976 (Pat)
On 6 May 2010, the English High Court handed down its judgment in Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents upholding a decision of the UK Intellectual Property Office not to grant a supplementary protection certificate for a product containing the active ingredient melatonin, on the basis that the condition set out in Article 3(d) of regulation 1768/92/EEC was not satisfied.
Posted: May 7th, 2010
H. Lundbeck A/S v. Pharma Change ApS, bailiff's court (enforcement court) Elsinore, Denmark, 16 April 2010, Docket no. 9921/2009 A Danish bailiff's court granted Lundbeck's application for an interim injunction against the wholesaler Pharma Change ApS, selling and distributing a generic escitalopram product manufactured by Dr. Reddy's Laboratories in India. Having obtained in the summer […]
READ MOREPosted: April 13th, 2010
Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (first instance), Pres. Paris District Court, France, Docket No. 10/51453, 12 February 2010
According to the President of the Paris District Court, the basic patent for Losartan covers any product comprising Losartan, including a product comprising Losartan and another product such as a diuretic, like HCTZ.
Posted: April 8th, 2010
There have been quite a number of recent developments in European SPC cases relating to combination products. Courts seem to have difficulties in dealing with this issue and various tests regarding validity and infringement have been developed by different national courts.
In today’s SPC and Combination Products special, editors Philippe de Jong (Altius) and András Kupecz (Simmons & Simmons) focus on these validity issues and infringement issues. The contributions can both be read jointly and separately.
Posted: March 22nd, 2010
Eisai Co. Ltd. & Pfizer S.A. v. Mylan Pharmaceuticals S.L., Commercial Court No. 5 of Barcelona, Spain, 29 December 2009, Docket No. 581/2009
Commercial Court No. 5 of Barcelona has confirmed its previous decision
Posted: March 16th, 2010
Daiichi Sankyo Company Limited v. INPI, Validity French SPC, Cour d’Appel of Paris , 6 November 2009, Case No. 09/06530 (with English translation), with thanks to Pierre Véron, Véron & Associés
The Cour d’Appel of Paris dismissed the appeal of Daiichi Sankyo against the decision of the French Patent Office (INPI) to reject its French SPC. “Considering that
Posted: March 1st, 2010
Kirin Amgen v. Lithuania, Court of Justice, preliminary question, SPC, opinion A-G Bot, 25 February 2010, Case No. C-66/09
Kirin Amgen applied for an ABC for Aranesp in Lithuania based on its EU Marketing Authorisation (MA) (granted according to Reg. 2309/93) while it did not have a national MA in Lithuania. Article 19a(e) of Regulation 1768/92 stipulates that
Posted: February 23rd, 2010
Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (appeal), Brussels Court of Appeal, 23 February 2010, Case No. A.R. nr. 2010/KR/53
According to the Brussels Court of Appeal, the scope of protection of the SPC for the active ingredient Losartan does not, at first sight (“prima facie”), extend to a generic version of the medicinal product Cozaar Plus® (containing the active ingredients Losartan and HCTZ) under Article 4 of the SPC-Regulation. The main reason raised by the court is that, s
Posted: February 12th, 2010
Du Pont et al. / Mylan, Losartan SPC, decision in summary proceedings (first instance), Pres. Brussels Commercial Court, 12 February 2010, Case No. R.K. 00014/2010
According to the President of the Brussels Commercial Court, the scope of protection of the SPC for the active ingredient Losartan, whose duration had been extended pursuant to Article 36 of the Paediatric Regulation 1901/2006, does not at first sight (“prima facie”) extend to a generic version