Until recently, cases involving "Supplementary Protection Certificates" (so-called "SPCs") were relatively rare in Spain. This is due to the fact that, as a consequence of the transitional provisions…
On 8 June 2012, the Tribunal de Grande Instance of Paris rendered an interesting decision concerning Losartan. It particularly deals with two questions: the conditions of the SPC’s paediatric…
The Paris Court of Appeal clarified the conditions to be assessed by the Court in order to grant an interlocutory injunction pursuant to Article L. 615-3 of the French Intellectual Property Code.
A…
In a decision of 21 March 2012, the Cour d’Appel of Paris ruled on the issue of the appraisal which the French judge has to make when a request for a preliminary injunction against acts allegedly…
Merck Sharp Dohme Corp. and Bristol-Myers Squibb Pharmaceuticals Limited v. Teva Pharma B.V. and Teva UK limited
On 15 March 2012, the High Court in England and Wales delivered some useful guidance…
The Court of Justice of the European Union ruled that Article 13 of the old SPC Regulation (EEC 1768/92, identical to article 13 of the "new" SPC Regulation (EC469/2009) in conjunction with Article…
Multiple rulings of the CJEU on the SPC Regulation fail to answer questions posed by the national courts, result in greater confusion and give rise to a need for yet more references.
Introduction
In…
An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e. a monoclonal antibody with…
The recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…
