If a supplementary protection certificate (SPC) should have been denied (or granted with limited scope), because the six month application period following the date of first marketing approval has…
Hungarian Supreme Court's decision on conditions for granting supplementary protection certificates (SPC) under the transitional provisions of the Accession Treaty. The Supreme Court held that the…
The Swiss Federal Supreme Court held in a recent decision that the Swiss company Teva Pharma AG had to bear the court costs and reimburse Novartis's attorneys' fees in preliminary injunction…
Combination products (containing two or more active ingredients) raise difficult questions with respect to supplementary protection certificates (SPCs).
Can a SPC be based on the market authorisation…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…
A movement is emerging now among the French courts to stay the proceedings in litigations relating to supplementary protection certificates (SPCs) and more precisely relating to the interpretation…
Co-author Christiaen Dekoninck
The Antwerp Court applied the infringement test to assess the validity of a supplementary protection certificate (SPC) covering a combination product. As a result, the…
The Court, in infringement proceedings brought by Novartis against Actavis for marketing generic Valsartan, held that the assessment of infringement had to be made as of the time of infringement, not…
After the Federal Court of Justice (Bundesgerichtshof, BGH) had confirmed the validity of the German SPC for the enantiomeric escitalopram (and its underlying patent) in 2009, the Federal Patent…
