The missing Daiichi judgment, now available

The SPC Blog's trained trackers will do their
best to hunt down missing decisions!

An email from Cabinet Michèle Lavé sparked off a bit of borrowing around this weekend from The SPC Blog team.  Michèle wrote:

"I read your post [here] dated Monday, 6 December 2010 relating to the decision EWHC 2898 (Pat) of 5 November 2010. Now, when reading the full text of this decision I noticed the following sentence "This is an application by Novartis AG to be joined as a party into the appeal brought by Daiichi and in respect of which I have given a judgment earlier this afternoon". The 6 December 2010 post says among other things "While Daiichi's SPC application was turned down as being non-compliant with Article 3(a), the court proposed to refer questions to the Court of Justice for a preliminary ruling on the interpretation of that article." I was unable to find this decision on the BAILII website.

Do you know where and how I can catch the decision dealing with the appeal by Daiichi?"

A little bit of digging has revealed the decision, which is still not on BAILII -- but we've uploaded it here.  Thanks, Michèle, for spotting that we still hadn't picked it up!