Patent case: Gilead, Spain

Kluwer Patent Blog
March 8, 2019

Please refer to this post as: , ‘Patent case: Gilead, Spain’, Kluwer Patent Blog, March 8 2019, http://patentblog.kluweriplaw.com/2019/03/08/patent-case-gilead-spain/


In preliminary injunction proceedings, the Barcelona Court of Appeal (Section 15) ruled on the interpretation of the wording “protected by a basic patent” in Article 3.a) of the SPC Regulation, on the same facts decided by the High Court of Justice of England and Wales in the 2018 judgment in Teva v Gilead and, following the criteria set out by the Court of Justice of the European Union (also in the Teva v Gilead case), arrived at the same conclusion.

Case date:18 December 2018
Case number: 183/2018
Court: Court of Appeal of Barcelona

A full summary of this case has been published on Kluwer IP Law.