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

Herbert Smith Freehills LLP
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United Kingdom
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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
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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

The UK government concludes that UK patent law must be amended to make the UK a more clinical trial friendly jurisdiction

Herbert Smith Freehills LLP
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United Kingdom
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December 5 2011

The UK Intellectual Property Office ("UKIPO") has published the results of its informal consultation on the existing research and "Bolar" exceptions set out in the Patents Act 1977 ("the Act") in the context of clinical and field trials

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

Herbert Smith Freehills LLP
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United Kingdom
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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
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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

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

Herbert Smith Freehills LLP
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European Union, United Kingdom
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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
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United Kingdom
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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
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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

Suppliers beware broad scope given to provisions regarding indirect infringement of patents

Herbert Smith Freehills LLP
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United Kingdom
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November 23 2010

A supplier of goods may be liable for indirect patent infringement under s60(2) Patents Act 1977 if he supplies goods in the UK which, although not in themselves infringing, are capable of being modified, or used in conjunction with other goods, to infringe a UK patent, if the supplier knows (or it was obvious in the circumstances) that the goods are suitable for and intended by customers down the supply chain to put a patented invention into effect

The Court of Appeal clarifies the requirements for indirect infringement of patents

Herbert Smith Freehills LLP
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United Kingdom
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October 20 2010

The Court of Appeal has given some much-needed guidance on the scope of indirect patent infringement under s60(2) Patents Act 1977