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On 12 December 2013, the Court of Justice of the European Union ("CJ") handed down three important decisions regarding the interpretation of Regulation 469/2009 (the "SPC Regulation").
On 12 December 2013, the Court of Justice of the European Union
("CJ") handed down three important decisions regarding
the interpretation of Regulation 469/2009 (the "SPC
Regulation"). These three decisions are expected to impact
your SPC strategies.
In Actavis v Sanofi (C-443/12) and Georgetown II (C-484/12), the
CJ clarified the circumstances in which Article 3(c) of the SPC
Regulation may allow the granting of more than one supplementary
protection certificate ("SPC") per basic patent. In Eli
Lilly v HGS (C-493/12), the CJ sanctioned a broad interpretation of
"protected by a basic patent in force" (3(a) SPC
Regulation) which can also include functional claims.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.