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
Thursday, 10 October 2013
I attach the decision in French and in English. By way of a disclaimer, Denis tells us that he represented Mylan in these proceedings and has advised us that this decision is naturally subject to an appeal.
Further news is that the Cour d'appel, ruling on the injunction that was issued against Teva, lifted it on the grounds that the basic patent could be challenged on validity and also confirmed the decision not to grant an injunction against Sandoz and Arrow -- also on the basis that the SPC could be challenged on validity.
Thanks so much, Denis, for this update.