French say "non" to olmesartan medoxomil and hydrochlorothiazide combination

Thank you, Alice de Pastors, for supplying The SPC Blog with a copy of the decision of the Cour d’appel de Paris, pôle 5, 2e ch., 6 novembre 2009 (here) in which that court dismissed the appeal of Daiichi Sankyo against the decision of the Director-General of the French Patent Office (INPI) on 13 February 2009 to reject French SPC 06C0019.

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.