EPLAW PATENT BLOG

EU – Final petition of the Advocate-General / Jodosulfuron

Posted: July 30th, 2010

Final petition of the Advocate-General, Case C-229/09, Jodosulfuron, June 17, 2010, by dr. Christopher Brückner, Bardehle & Pagenberg The German Patent Court has asked the Court of Justice of the European Union on the interpretation of Art. 3(1)(b) of Council Regulation 1610/96 regarding the creation of a supplementary protection certificate for plant protection products. This […]

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UK – Yeda v. The Comptroller General of Patents

Posted: July 14th, 2010

Yeda Research and Development Company Ltd v. The Comptroller General of Patents, Patents Court, Chancery Division, High Court of Justice, London, UK, 12 July 2010, EWHC 1733 (Pat) The Patents Court has dismissed Yeda’s appeal of the decision of the UK Intellectual Property Office (UKIPO) to refuse two applications for SPCs relating to a combination […]

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ECJ – Can a supplementary protection certificate based on a provisional marketing authorisation be granted?

Posted: June 22nd, 2010

Opinion of the Advocate General in Jodosulfuron published 17 June 2010 (Case 229/09, Lovells v. Bayer CropScience AG, referred by the German Federal Patent Court), with thanks to Christopher Brückner, Bardehle & Pagenberg for the head note and summary This case concerns the interpretation of Article 3 (1) b of Council Regulation (EC) 1610/96 regarding the creation […]

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UK – Neurim Pharmaceuticals (1991) Limited v. Comptroller-General of Patents

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.

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DK – H. Lundbeck A/S v. Pharma Change ApS – Actavis A/S entered as independent party

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 […]

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FR – Du Pont v. Mylan, Losartan SPC (first instance)

Posted: 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.

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SPCs and Combination Products

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.

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ES – Eisai & Pfizer v. Mylan / Donepezil / Interim Injunction

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

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FR – Daiichi Sankyo Company Limited v. INPI / SPC

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

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