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The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC
What is interesting about the Lundbeck cases is that Lundbeck initiated several patent infringement cases in Europe (in the Netherlands, Germany and in the UK) and that each court decided differently on the validity of the Lundbeck patent
