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Showing posts with the label supplementary protection certificate

Disclosure - Teva UK Ltd v Janssen Pharmaceutica N.A

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Author Basher Eyre Licence CC BY-SA 2.0    Jane Lambert Patents Court (Mr Justice Fancourt) T eva UK Ltd v Janssen Pharmaceutica N.A . [2020] EWHC 3157 (Pat) (16 Nov 2020) This was an application by the claimant for extended disclosure of correspondence and other documents under the PD51U-Disclosure Pilot for the Business and Property Courts . An issue in an action for a declaration that a supplementary protection certificate ("SPC")  is invalid and should be revoked is whether the active ingredient of the SPC has already been protected by an earlier certificate.  The claimant has alleged that correspondence between the European Medicines Agency ("EMA") and the defendant would assist the court to determine that issue. Accordingly, the claimant applied for the following disclosure under Model C of the practice direction: "1. Correspondence and/or communications between the European Medicines Agency, EMA, and Janssen-Cilag, or any Janssen group company or agen...

Supplementary Protection Certificates - the Genentech Appeals

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Jane Lambert Court of Appeal (Lord Justices Floyd and Arnold and Lady Justice Nichola Davies) Genentech Inc v Comptroller and Master Data Center v Comptroller   [2020] EWCA Civ 475 (31 March 2020) These were appeals from the decision of Mr Recorder Campbell QC in Master Data Center, Inc v Comptrolle r [2020] EWHC 572 (Pat) (11 March 2020) which I blogged in Supplementary Protection Certificates - Master Data Center, Inc v The Comptroller   on   18 March 2020.  The cases are remarkable for the speed with which they progressed from the hearing officer to the Court of Appeal.  They were before Mr  Micklewright on 21 Feb 2020 (see  R e Genentech, Inc. and Master Data Center, Inc . BL O/111/20 21 Feb 2020), Mr Campbell on 4 March 2020 and the Court of Appeal on 26 of that month ( Genentech Inc v Comptroller and Master Data Center v Comptroller [2020] EWCA Civ 475 (31 March 2020).   The cases are also remarkable for being...

Supplementary Protection Certificates - Teva UK Ltd and others v Gilead Sciences, Inc.

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Truvada tablets Author Jeffrey Beall Licence CC BY-SA 3.0 Source Wikipedia Emtricitabine/tenofovir Jane Lambert Court of Appeal (Lord Justices Lewison, Floyd and Dingemans)  Teva UK Ltd and others v Gilead Sciences, Inc [2019] EWCA Civ 2272 (19 Dec2019) This was an appeal against Mr Justice Arnold's decision in  Teva UK Ltd and others v Gilead Sciences Inc [2018] EWHC 2416 (Pat) (18 Sept 2018) to revoke supplementary protection certificate ("SPC") numbered SPC/GB05/041 .  The reason for the revocation is that art 3 (1) of  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009, p. 1–10  requires a product that is protected by an SPC to have been protected previously by a basic patent.  One of the products that had been included in the SPC was emtricitabine.  That had not been protected e...