CJEU refuses UK High Court’s request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being “hypothetical” (C-239/19 Eli Lilly v Genentech)

On 5 September 2019, the Ninth Chamber of the CJEU refused a request for referral in relation to the interpretation of Article 3(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products ('SPC Regulation'). Read more

Open Innovation: Collaborate to Innovate

Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate based on "innovation" interviews with our clients.  Read more

New German Trade Secrets Act Enacted

With the release of Federal Law Gazette dated 25 April 2019, the new Trade Secrets Protection Act (Gesetz zum Schutz von Geschäftsgeheimnissen – GeschGehG) came into force in Germany... Read more

Data Assets – Protecting and Driving Value in a Digital Age

Faced with the exponential rise of data as an asset class in its own right, organisations are now taking a fresh look at the data that are available or accessible to them and the ways in which the value of those data can be safeguarded, unlocked and maximised. Data have become a strategic and valuable asset for many organisations but protecting and exploiting that asset is not always simple.Our feature article, published in May's edition of PLC Magazine and linked in this post, considers data as an asset, how intellectual property rights can be employed to protect data, how data can be used effectively and how to minimise associated legal risks. Read more

Patent and Pharma Update – April 2019

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on the recent UK Supreme Court decision in the tadalafil case, which foreshadows how English courts will probably respond to issues of obviousness arising from patents directed to dosage regimes going forward. We discuss the Court of Appeal’s … Read more

The Court of Justice of the European Union holds that Supplementary Protection Certificates cannot be obtained for new formulations of previously approved active ingredients in Abraxis (Case C-443/17)

In Abraxis Bioscience LLC v the Comptroller General of Patents (Case C-443/17) the Court of Justice of the European Union (“CJEU”) held that Supplementary Protection Certificates (“SPCs”) cannot be obtained for new formulations of previously approved active ingredients. This limitation on the availability of SPCs will be disappointing to the pharmaceutical industry, which continues to … Read more