News

October 9, 2018 - Second medical indication and SPC - Referral to the CJEU


Second medical indication and SPC - Referral to the CJEU - Gérard Dossmann, French IP and European patent attorney comments the decision of the Paris Court of Appeal of 9 october 2018 referring questions to the CJEU for a preliminary ruling on the interpretation of Article 3d) of Regulation (EC) No 469/2009 in the light of the NEURIM judgment (CJEU C-130/11).
Background The subject of the SANTEN’s patent: The use of a submicron oil-in-water ophthalmic emulsion comprising an immunosuppressive agent selected from the group (...)

25 July 2018 - Interpretation of article 3a) of Regulation (EC) No. 469/2009


Gérard Dossmann, French and European Patent Attorney comments the judgment of 25 July 2018 of the Grand Chamber of the COURT OFJUSTICE OF THE EUROPEAN UNION (CJEU). The Chamber rules on the interpretation of article 3a) of Regulation (EC) No. 469/2009 applying a two stages criterion.
Background: The company GILEAD markets under the name TRUVADA®, an antiretroviral drug indicated for the treatment of HIV patients. This medicine contains two active (...)

26 June 2018 - Dismissal of the preliminary injunction request based on SPC covering the combination of ezetimibe and simvastatin


Interpretation of articles 3 (c) and 3 (d) of Regulation (EC) No. 469/2009 The Paris Court of Appeal uphold the Interim Order of the Paris Court of First Instance dismissing the request for preliminary injunction made on the basis of SPC No 05C0040
By decision dated June 26, 2018, and on the basis of Articles 3 (c) and 3 (d) of Regulation (EC) No 469/2009, the Paris Court of Appeal uphold the interim order issued on (...)

25 May 2018 - Invalidation of the SPC on the combination of tenofovir disoproxil and its salts, hydrates, tautomers and solvates in combination with other therapeutic compounds such as emtricitabine


Article 3 (a) of Regulation (EC) 469/2009: What is the meaning of “protected by a basic patent”? The position of the Court of Paris.
By judgment of May 25th, 2018, the Paris Court of First Instance invalidated the SPC on the combination of "tenofovir disoproxil and its salts, hydrates, tautomers and (...)