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Wednesday, 10 August 2011

Escitalopram decision from Germany -- but no ECJ reference this time

From Chris Hayes (Lundbeck) comes news of another Escitalopram SPC decision, this time from the German Patent Court (you can download it here). An English translation has been promised in due course. Chris explains:
"The case was heard earlier this year, but we have only just received the full reasons for judgment. This was an attack on the SPC only, and the Patent Court's decision is in alignment with the earlier decision of the German Supreme Court on the validity of the basic patent and the SPC.

A reference to the ECJ was refused, as the Court decided that this was a purely factual dispute. The Court decided that foreign regulatory proceedings had no bearing on the validity of the SPC;, nor did decisions of the German pricing authorities".
Thanks so much, Chris, for this judgment.

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