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

Monday 17 January 2011

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!

No comments: