Medeva Appeal Judgment Handed Down

The Court of Appeal of England and Wales (Lord Justice Etherton and Lord Justice Elias) has handed down the judgment on the appeal in Medeva's SPC Application (our previous postings on the matter can be read here).

In sum, the Court decided to make a reference to the Court of Justice for a preliminary ruling on each of the questions below:

(1) What is the test by which to determine whether “the product is protected by a basic patent in force” for the purposes of Article 3(a)?
(2) Should a different test be applied in cases where the product is a multi-disease vaccine?
(3) Is it sufficient for the purposes of Article 3(a), in the context of a multi-disease vaccine, that the basic patent in force protects one aspect of the product?
(4) For the purposes of Article 3(b) may the product be limited to that part of a multi-disease vaccine as is protected by the basic patent in force?

At the time of posting, the judgement was not available on Bailii, but you can read it here.