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

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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