The SPC blog

MSD’S EZETIMIBE-SIMVASTATIN SCP REVOKED BY THE PARIS COURT OF APPEAL Thanks to Jean-Baptiste Thiénot & Alexandre Ghanty of CMS Francis Lefebvre Avocats for the recent update from France - rep...

http://thespcblog.blogspot.com/2020/10/msds-ezetimibe-simvastatim-scp-revoked.html

Thanks to Sang Young LEE and Kevin Kyumin LEE of Kim & Chang for some news from Korea - reproduced below.  There is no published decision available yet, and we will post it once it appears.  ...

http://thespcblog.blogspot.com/2020/07/korean-iptab-issues-leading-decision-on.html

The wording of Article 3d of the SPC Regulation requires that the SPC application must rely on “the first authorisation to place the product on the market as a medicinal product”. This always...

http://thespcblog.blogspot.com/2020/07/santen-ends-neurim-style-spcs.html

THE CMS PATENT LITIGATION TEAM IN LONDON HAVE PROVIDED A REVIEW OF THE ROYALTY PHARMA DECISION (C650/17). MANY THANKS TO GARETH MORGAN, NATALIE COAN AND HANNAH RIGBY FOR THEIR THOUGHTS.   O...

http://thespcblog.blogspot.com/2020/05/hold-front-page-royalty-involved-in-spc.html

Many thanks to Denis Schertenleib, from Schertenleib Avocats (an old friend of the blog) for the following report on events before the Paris Court of Appeal, in relation to Merck's ezetimibe/sim...

http://thespcblog.blogspot.com/2020/03/paris-court-of-appeal-overturns.html

Thanks to Nick Fischer at Marks & Clerk law for being first to alert the blog to the AG Opinion in Santen (C-673/18) which was handed down last week.  The official English translation isn’t...

http://thespcblog.blogspot.com/2020/01/the-ags-opinion-in-santen.html

The Opinion of Advocate General Hogan on CJEU joined referrals C-650/17 (Royalty Pharma) and C-114/18 (Sandoz v Searle) has now been published on the Curia website (here ). As you may recall...

http://thespcblog.blogspot.com/2019/09/opinion-of-advocate-general-out-on.html

This year's seminar run by The SPC Blog, "SPC Law and Practice 2019”, is now open for registration. After a year with our SPC feet up, the new referrals have re-opened some issues and we’ll b...

http://thespcblog.blogspot.com/2019/07/the-spc-blog-seminar-2019-is-open-for.html

Following its approval by the European Parliament in April, the final legislation amending SPC Regulation EC/469/2009 – Regulation (EU) 2019/933 of 20 May 2019 – was published in the Officia...

http://thespcblog.blogspot.com/2019/06/update-on-spc-export-and-stockpiling.html

Carpmaels & Ransford and Awa have kindly prepared the following summary on a recent SPC reference to the CJEU: "The Swedish Patent and Market Appeal Court has made a reference to the CJEU rela...

http://thespcblog.blogspot.com/2019/06/new-spc-reference-to-cjeu-on-article-3c.html

Daniel Wise of Carpmaels & Ransford has written in to the Blog to say that there are a few last places available for Carpmaels’ annual “SPC Summer Review” event taking place tomorrow, Wedne...

http://thespcblog.blogspot.com/2019/06/free-spc-seminar-in-london-tomorrow.html

The CJEU has today handed down judgment in the case C-443/17 (Abraxis Bioscience), link here (English version). Thank you to Andrew Hutchinson and Nicholas Fischer of Simmons & Simmons for prov...

http://thespcblog.blogspot.com/2019/03/c-44317-abraxis-cjeu-judgement.html

From Rechtassessor Jean-Claude Alexandre Ho (IP conference manager at FORUM Institut für Management GmbH) comes news of an SPC-related seminar which he is organising: > 'Quo vadis, SPC?', ...

http://thespcblog.blogspot.com/2019/02/forum-institut-spc-seminar-2019.html

Recently, the Paris High Court decided for a preliminary injunction against the commercialisation of Darunavir by Sandoz, the SPC Blog report can be found here . In parallel proceedings, the...

http://thespcblog.blogspot.com/2019/02/darunavir-in-swedish-preliminary.html

Following our short post last May (here ) about patent term extensions in China, Michael Lin and Xiaoyang Yang of Marks & Clerk have recently published an update on the progress for introducing ...

http://thespcblog.blogspot.com/2019/02/update-on-spcs-in-china.html

Recently, the Paris High Court decided for a preliminary injunction against the commercialization of Darunavir by Sandoz.  A copy of the decision is available here .  Matthieu Dhenne from Dhen...

http://thespcblog.blogspot.com/2019/02/no-more-launch-at-risk-in-france.html

As most SPC Blog readers will know, in May 2018, the European Commission published its proposal to amend the SPC Regulation (Regulation (EC) 469/2009) to introduce a manufacturing waiver, i.e. a...

http://thespcblog.blogspot.com/2019/01/recent-developments-to-spc.html

The UK IPO is seeking comments on CJEU case C-673/18 by 2 JANUARY 2019 with a view to lodging observations with the CJEU.  The case was previously reported on the SPC Blog here . If you wou...

http://thespcblog.blogspot.com/2018/12/call-for-comments-for-c-67318-santen-v.html

The Advocate General of the CJEU has provided his opinion in C-443/17 (Abraxis Bioscience) today (here ). As a refresher, the questions referred to the CJEU by Mr Justice Arnold were: > "Is�...

http://thespcblog.blogspot.com/2018/12/c-44317-abraxis-ags-opinion-out.html

Recently, the District Court in Düsseldorf lifted several ex-parte preliminary injunctions granted for Merck Sharpe & Dohme Corp. (MSD) against various generic companies. The District Court�...

http://thespcblog.blogspot.com/2018/11/germany-district-court-lifts-several-ex.html

Dr. Roberto Romandini of the Max Planck Institute for Innovation and Competition in Munich has published a MPI- Research Paper on Art. 3(a) Reg. 469/2009 that includes an analysis of CJEU’s ru...

http://thespcblog.blogspot.com/2018/11/an-analysis-of-cjeus-ruling-in-teva-c.html

The CJEU handed down its ruling on C-527/17 (Boston Scientific)- available here .  It decided: > Article 2 of Regulation (EC) No 469/2009 of the European > Parliament and of the�...

http://thespcblog.blogspot.com/2018/10/c-52717-ruling-out-no-spcs-for-ce.html

Thomas Bouvet and Laura Romestant (Jones Day) kindly report below on a recent decision (here , in French only) of the Court of Appeal of Paris to refer questions to the CJEU: > On 9 October�...

http://thespcblog.blogspot.com/2018/10/france-court-of-appeal-of-paris-refers.html

Last week, Mr Justice Arnold handed down his judgement in Teva UK Limited & Ors v Gilead Sciences Inc EWHC 2416 (Pat) (here ), following the CJEU's  preliminary ruling in C-121/17 (here ). I...

http://thespcblog.blogspot.com/2018/09/uk-truvada-spc-does-not-comply-with.html

"Combination SPCs: shaken and stirred" is the title of a recently published article in Life Sciences Intellectual Property Review (LSIPR) by Joel Beevers and Michael Pears (Potter Clarkson).  I...

http://thespcblog.blogspot.com/2018/08/combination-spcs-shaken-and-stirred.html