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The CJEU opens the door for SPCs for new medical uses of known compounds
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 20 2012
Yesterday the CJEU handed down its decision in the eagerly awaited reference Neurim Pharmaceuticals v The Comptroller General of Patents concerning the possibility of obtaining an SPC based on a marketing authorisation ("MA"), where there has been an earlier MA for the same product but for a different use
Marketing prior to Directive 6565 authorisation precludes SPC, rules the ECJ
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- August 1 2011
On 28 July the ECJ handed down two rulings primarily concerning the interpretation of Article 2 of Regulation 176892 (the Supplementary Protection Certificate Regulation, now replaced by 4692009EC
Co-formulation of drugs for treating glaucoma obvious, says the Court of Appeal
- Herbert Smith Freehills LLP
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- United Kingdom
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- April 11 2011
The Court of Appeal in Merck v Teva has upheld the first instance decision of Floyd J., that a patent for co-formulation of medicaments for the treatment of glaucoma was invalid for obviousness
The ECJ hands down judgment on the scope of protection of biotechnological inventions
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- July 7 2010
The ECJ this Tuesday handed down judgment in Case C-42808, Monsanto Technology v Cefetra, a request for a preliminary ruling on the legal protection afforded by the biotechnology Directive to genetic material
