DE – Truvada / Supreme Court / SPC

Posted: January 19th, 2021

Introduction The recent decision “Truvada” of the Federal German Supreme Court, dated 22 September 2020 (docket no. X ZR 172/18) is a landmark decision in the field of supplementary protection certificates („SPCs“). According to the decision, the legitimate legal interest (“Rechtsschutzbedürfnis”) for filing a nullity action after the expiry of the term of an SPC […]


NL – Novartis v. Mylan / deferasirox

Posted: October 15th, 2020

Novartis v. Mylan (deferasirox) District Court of The Hague (PI judge Brinkman), 29 September 2020, KG ZA 20-605 Facts The patentee Novartis AG (“Novartis”) is the proprietor of EP 0 914 118 (“EP 118”). EP 118 covers deferasirox, an oral iron chelator that is sold by Novartis under the trademark Exjade. EP 118 is granted […]


ES – Lacosamide

Posted: October 2nd, 2020

Lacosamide / Commercial Court no. 5 of Barcelona, 14 April 2020, Docket No. 672/2017 / Invalidity action (public availability of a prior art document) & action for threat of patent infringement On 8 September 2017 the plaintiff, LABORATORIOS NORMON, S.A. (hereinafter, “NORMON”) filed an invalidity action against the companies RESEARCH CORPORATION TECHNOLOGIES INC., UCB BIOPHARMA […]


CJEU – Santen v. Directeur Général INPI / SPC

Posted: July 10th, 2020

Santen SAS v. Directeur Général de l’Institut national de la propriété industrielle, Court of Justice of the EU, 9 July 2020, Case C‑673/18 “Article 3(d) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning […]


UK – Genentech Inc and Master Data Center Inc v. Comptroller General of Patents

Posted: May 15th, 2020

Genentech Inc v The Comptroller General of Patents and Master Data Center Inc v Comptroller General of Patents [2020] EWCA Civ 475, 31 March 2020 The Court of Appeal, with Floyd LJ giving the lead judgment, dismissed Master Data Center Inc (“Master Data”) and Genentech Inc’s (“Genentech”) appeals of the High Court decision of Douglas […]


UK – Master Data Center, Inc v. The Comptroller General Of Patents

Posted: May 15th, 2020

Master Data Center, Inc v The Comptroller General Of Patents [2020] EWHC 572 (Pat), 11 March 2020 In this judgment Douglas Campbell QC dismissed both appeals from Master Data Center Inc (“Master Data”) and Genentech Inc (“Genentech”). The parties were appealing the decision of the Hearing Officer, who held that when a supplementary protection certificate […]


UK – Teva UK Limited and others v. Gilead Sciences / SPC

Posted: January 13th, 2020

Teva UK Limited and others v Gilead Sciences, Inc. [2019] EWCA Civ 2272 The Court of Appeal has dismissed Gilead Sciences, Inc.’s appeal against a decision by Arnold J (as he then was) that its supplementary protection certificate for a product used in the treatment of HIV was invalid. Background The appellant, Gilead Sciences, Inc. […]


NL – Gilead vs. Dutch Patent Office – SPC tenofovir / emtricitabine

Posted: November 13th, 2019

Gilead vs. Dutch Patent Office (tenofovir / emtricitabine), District Court of The Hague 30 October 2019 Introduction The plaintiff in this matter, Gilead Sciences Inc. (“Gilead”), markets a medicinal product under the name Truvada. As many European patent practitioners will know, this product consists of a combination of the active ingredients tenofovir dispoproxil and emtricitabine. […]


CJEU – Eli Lilly v. Genentech / Request for a preliminary ruling ‘manifestly inadmissible’

Posted: September 17th, 2019

Eli Lilly and Company v. Genentech Inc., Reference for a preliminary ruling, 5 September 2019, Case C‑239/19 “[T]he justification for a reference for a preliminary ruling is not that it enables such opinions to be delivered but rather that it is necessary for the effective resolution of a dispute concerning EU law (judgment of 13 […]