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Paedriatric SPC extension: zero or negative term SPCs
  • Bird & Bird
  • European Union, United Kingdom
  • March 11 2009

Zero or negative term SPCs give rise to a unique disunity amongst the granting authorities in the European Member States


Preliminary injunctions in pharmaceutical patent actions
  • Bird & Bird
  • Italy
  • May 13 2009

By a decision of 15 April 2009 issued in a preliminary injunction proceeding, the Court of Milan held that the mere grant of a Marketing Authorisation (MA) for a generic pharmaceutical product does not constitute an imminent threat of patent infringement


Brexit: Life Sciences implications
  • Bird & Bird
  • European Union, United Kingdom
  • August 23 2016

On 23 June 2016, the UK public voted to leave the EU. Under Article 50 of the Lisbon Treaty, the EU Treaties shall cease to apply to the UK: from the


Edwards Lifesciences AG v Cook Biotech Incorporated
  • Bird & Bird
  • United Kingdom
  • July 17 2009

Mr Justice Kitchin handed down a decision only four weeks after the hearing, finding Cook’s patent invalid and not infringed by Edwards’ SAPIEN heart valve


UK Patents Court allows supplementary protection certificate for combination product: Gilead Sciences, Inc’s application
  • Bird & Bird
  • United Kingdom
  • October 30 2008

Gilead has succeeded in its appeal to the Patents Court (Mr Justice Kitchin) from the UK Intellectual Property Office, which refused the grant of an SPC in respect of a combination product comprising tenofovir and another antiretroviral, emtricitabine


Confidentiality in clinical trials
  • Bird & Bird
  • Netherlands
  • October 30 2008

Confidentiality covering clinical trials is important in the context of the obtaining patent protection for an invention that is the subject of a clinical trial


UK Office of Fair Trading report on the Pharmaceutical Price Regulation Scheme
  • Bird & Bird
  • United Kingdom
  • March 9 2007

On 20 February 2007, the Office of Fair Trading (“OFT”) published a 120 page report on the regulation of the price of branded pharmaceutical products under the voluntary scheme that is periodically re-negotiated between the industry and the Department of Health, the Pharmaceutical Price Regulation Scheme (“PPRS”


ECJ decision in AHP Manufacturing BV v the Bureau voor de Industriele Eigendom (Case C-48207)
  • Bird & Bird
  • European Union
  • October 13 2009

The ECJ has accepted that the holder of a basic patent is entitled to one SPC regardless of whether other SPCs have already been granted to other holders of one or more other basic patents


Court of Appeal decides “settled” EPO case law trumps UK precedent on Swiss-type claim to a new dosage regime
  • Bird & Bird
  • United Kingdom
  • July 16 2008

The Court of Appeal has decided in the case of Actavis UK Ltd v Merck & Co Inc 2008 EWCA Civ 444, that a Swiss-type claim can be patentable where the novelty is only conferred by a new dosage regime or form of administration of a substance


The government official report on patent protection for biotechnological inventions
  • Bird & Bird
  • Sweden
  • May 7 2008

The Directive on the legal protection of biotechnological inventions (9844EC) was implemented in Swedish law in 2004