In my earlier posts (here and here) I reported and commented on the first two phases of the Italian Pfizer antitrust case, in which the Italian Antitrust Authority (IAA) accused Pfizer of having…
The High Court (Arnold J.) decided to refer further questions on the interpretation of Article 3 of the SPC Regulation to the CJEU,, particularly in relation to the Article 3(a) requirement that "the…
On 15 January 2013, the French Cour de cassation, in the litigation between the Novartis companies and the Actavis companies about valsartan, drew the consequences of the 9 February 2012 order…
Faithfully implementing Article 9 §4 of Directive No. 2004/48/EC, Arti-cle L. 615–3 of the French Intellectual Property Code (hereinafter referred to as “IPC”) authorizes French courts to grant an…
The German Federal Patent Court (FPC) has recently published its first decision (3 Ni 28/11 of 2 May 2012 “Ranibizumab”, GRUR 2013, 58) dealing with the interpretation of related CJEU Judgments …
When the legislation creating supplementary protection certificates (now consolidated in Regulation 469/2009/EC (the “SPC Regulation”)) was first introduced in 1993 no-one could have foreseen the…
Almost one year ago the European Court of Justice (CJEU) “clarified” the law on supplementary protection certificates. On November 24, 2011 it rendered its verdict in the “Medeva” case (C-322-10)…
The Court of Appeal partially reversed the Brussels Commercial Court's decision invalidating Lundbeck's SPC for escitalopram, to the extent that it had immediate effect.
A summary of this case will…
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck's Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in…
