Posted: May 21st, 2019
Gilead Biopharmaceutics Ireland UC, Gilead Sciences, S.L.U., Gilead Sciences Ireland UC & Gilead Sciences, INC. v. Mylan S.A.S., Mylan Pharmaceuticals S.L. & Teva Pharma, S.L.U., Appeals Court of Barcelona, Section 15, 12 December 2018, Docket 121/2018
The Court of Appeals of Barcelona ruled in a preliminary injunction case on the requirements for an SPC, in relation to the basic patent, to be considered valid in light of Article 3 of Regulation (EC) No. 469/2009, as well as the decision of the Court of Justice of the European Union on case C-121/17.
In addition, the main point of this decision concerned the competence of the civil jurisdiction to assess the validity of an SPC that had been previously evaluated by the contentious-administrative jurisdiction courts.
Headnote and summary: Luis Fernández-Novoa. HOYNG ROKH MONEGIER