EU – CJEU SPC ruling Incyte (HU)

Posted: December 20th, 2017

C-492/96 Incyte – CJEU’s preliminary ruling allows rectification of SPC durations to bring them in line with Seattle Genetics The Court of Justice of the European Union closed the year by adding a favourable preliminary ruling for SPC holders to the flurry of recent SPC referrals and decisions. The history of the one rendered today […]


CH – Gilead v. Teva / SPC Truvada®

Posted: December 18th, 2017

In two recent decisions (O2017_001 of 3 October 2017 and S2017_006 of 10 October 2017), the Swiss Federal Patent Court upheld the validity of Gilead’s Supplementary Protection Certificate (SPC) for Truvada®, a combination preparation of tenofovir disoproxil fumarate and emtricitabine used with other HIV-1 medicines to treat HIV-1 infection, and subsequently preliminarily enjoined Teva from […]


NL – SPC Trastuzamab emtansine (Kadcyla)

Posted: August 9th, 2017

Legal entity [X] v. The Dutch Patent Office, District Court The Hague, 19 July 2017, Case No. ECLI:NL:RBDHA:2017:8031 Court appeal against the decision of the Dutch Patent Office to refuse to grant an SPC for trastuzamab emtansine. The Court agrees with the Dutch Patent Office that Article 3 first part and under a of SPC […]


NL – Millennium v. Teva

Posted: July 31st, 2017

Millennium Pharmaceuticals Inc. v. Teva Nederland B.V., Pharmachemie B.V., Teva Pharma B.V., Teva Pharmaceuticals Europe B.V. and Teva API B.V., Summary Judge of the District Court of The Hague, 25 July 2017, Case no. ECLI:NL:RBDHA:2017:8259 The present dispute concerns an alleged infringement of the rights of Millennium Pharmaceuticals Inc. (“Millennium”) as vested in the Dutch […]


UK – Sandoz and Hexal v. Searle and Janssen Sciences Ireland

Posted: May 16th, 2017

(1) SANDOZ LIMITED (2) HEXAL AG V (1) G.D. SEARLE LLC (2) JANSSEN SCIENCES IRELAND UC The UK Patents Court has recently handed down its decision in Sandoz v G.D. Searle.  Arnold J held that Searle’s SPC for darunavir (Prezista) is valid and refused to refer a question to the CJEU for a preliminary ruling […]


UK – Teva UK Limited & Ors v. Merck Sharp & Dohme Corporation

Posted: May 1st, 2017

(1) Teva UK Limited, (2) Accord Healthcare Limited, (3) Generics (UK) Limited trading as Mylan v Merck Sharp & Dohme Corporation Arnold J held that Merck Sharp & Dohme Corporation’s (“MSD”) SPC was invalid as it did not comply with either Article 3(a) or Article 3(c) of the SPC Regulation. The SPC in issue was […]


NO – Pharmaq v. Intervet

Posted: January 31st, 2017

Pharmaq AS v. Intervet International B.V., Borgarting Court of Appeal, Norway, 19 December 2016, Case Nos. 15-170539ASD-BORG/01 and 15-204605ASD-BORG/01 Intervet International B.v. (“Intervet”), a subsidiary of MSD, was the proprietor of Norwegian patent NO 317 547 which expired 15 October 2015. Claim 1 and 4 of the patent was formulated as follows: “1. A virus […]


UK – Teva v. Gilead

Posted: January 30th, 2017

Teva UK Limited and Others v Gilead Sciences Inc, High Court of England and Wales (Arnold J), London, UK, 13 January 2017, Neutral Citation Number: [2017] EWHC 13 (Pat) Arnold J has again referred a question to the CJEU concerning the interpretation of Article 3(a) of Regulation 469/2009 (the “SPC Regulation”) namely: what are the […]


EU – MSD v. Comptroller-General / SPC referral to CJEU

Posted: January 17th, 2017

Merck Sharp and Dohme v. The Comptroller-General of Patents, Designs and Trade Marks, referral to CJEU, 10 November 2016, Case No. C-567/16, 10 Nov 2016 The questions referred are: (1) Is an End of Procedure Notice issued by the reference member state under Article 28(4) of European Parliament and Council Directive 2001l83/EC of 6 November […]