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Results: 1-9 of 9

Patent and pharma update

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 11 2014

Welcome to our new bi-monthly patent and pharma update in which we aim to alert you to significant recent developments in patent law and practice

GSK v Comptroller - reference to the CJEU - can an adjuvant be the subject of an SPC?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 26 2013

The Patents Court of England & Wales has requested that the CJEU clarifies the meaning of "product" in the SPC Regulation (Regulation 4692009). In

The CJEU opens the door for SPCs for new medical uses of known compounds

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

The Supreme Court rules on the "industrial application" requirement to obtain a patent

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 4 2011

In Human Genome Sciences Inc v Eli Lilly & Co 2011 UKSC 51, the first patent decision since its formation in 2009, the UK Supreme Court has clarified the law on patentability and industrial application, in particular as its applies to the biotechnology sector

Marketing prior to Directive 6565 authorisation precludes SPC, rules the ECJ

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • 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

The Advocate General (AG) provides guidance on supplementary protection certificates (SPCs) for combination products

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 14 2011

The AG has opined on two references from the UK on the application of the SPC Regulations (Regulation 4692009) to combination products (Medeva BV v Comptroller-General of Patents, Designs and Trade Marks (Case C-32210) and Georgetown University, University of Rochester, Loyola University of Chicago v Comptroller-General of Patents, Designs and Trade Marks (Case C-42210

The Advocate General proposes negative term supplementary protection certificates (SPCs)

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 13 2011

The AG, in a reference to the ECJ from Germany (Merck & Co Inc v Deutsches Patent und Markenamt (Case C-12510)), opined on 9 June 2011 that SPCs with a negative term can be granted and their duration can be extended by a period of 6 months under the Paediatric Regulation

Co-formulation of drugs for treating glaucoma obvious, says the Court of Appeal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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
  • -
  • European Union, United Kingdom
  • -
  • 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