A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here
Sunday, 7 February 2010
Daiichi Sankyo's 06C0019 SPC application was for an olmesartan medoxomil and hydrochlorothiazide combination, referring to EP0503785 patent and to the MA CIS 66838901 of 6 February 2006 relating to this combination and marketed as Colmetec®.
The Cour d'appel de Paris dismissed Daiichi Sankyo's appeal because it was not possible to get an SPC for the Olmesartan Medoxomil and Hydrochlorothiazide combination, as this combination was not protected by the patent.
The Cour d’appel de Paris added that the EP0503785 patent covered only Olmesartan Medoxomil and not the combination; SPC 03C0037 for Olmesartan Medoxomil was granted on 11 February 2005, referring to this patent and to MA NL No. 28,292, issued on 6 August 2003.