The Court of Appeal decided to stay appeal proceedings and refer a question to the CJEU concerning the circumstances in which an active ingredient that is a member of a class of compounds which fall within a Markush definition in a claim of a patent would be deemed ‘protected’ by the patent within the meaning of Article 3(a) of the SPC Regulation.
Case date: 25 January 2018
Case number:  EWCA Civ 49
Court: Court of Appeal of England and Wales, Civil Division
A full summary of this case has been published on Kluwer IP Law.