Paris Court of Appeal - SAS BIOGARAN v/ DAIICHI SANKYO COMPANY LIMITED, M. le Directeur général de l’INPI, SAS TEVA SANTE & SAS EG LABO - LABORATOIRES EUROGENERICS
n° RG 20/02952, joined with the file RG n° 20/04838
Paris Court of Appeal
SAS BIOGARAN v/ DAIICHI SANKYO COMPANY LIMITED, M. le Directeur général de l’INPI, SAS TEVA SANTE & SAS EG LABO - LABORATOIRES EUROGENERICS
BIOGARAN was represented by Arnaud CASALONGA and Floriane CODEVELLE, Attorneys at Law (Paris bar).
In its very clear decision issued on May 21, 2021, the Paris Court of Appeal marks a real turning point in a legal saga that has lasted for decades between the company BIOGARAN and other generic pharmaceuticals on the one hand, and DAIICHI on the other.
In its decision of May 21, 2021, the Paris Court of Appeal ruled that the third-party opposition filed by BIOGARAN was admissible and well-founded, and retracted the decision of March 14, 2007, by which the Court of Appeal had invalidated the decisions of the Director of the INPI depriving the company DAIICHI of its rights in a Supplementary Protection Certificate (SPC).
On the basis of this decision of March 14, 2007, now retracted, DAIICHI and its licensee had claimed more than 4 million euros from BIOGARAN for infringement and/or unfair competition.
However, in view of the decision that has just been rendered on May 21, 2021, the decision of March 14, 2007 can no longer be invoked against either BIOGARAN or the other generic pharmaceuticals, who therefore also benefit as a result of BIOGARAN’s strategy.
Consequently, with regard to generic pharmaceutials, DAIICHI does not have any its rights on its SPC. This title is therefore no longer enforceable in the context of the infringement action currently pending before the court. Unless there is a new twist, BIOGARAN should therefore succeed in defeating DAIICHI’s infringement claims.