The Court concluded that the compound darunavir was not protected by a patent within the sense of Art. 3 of the SPC directive because, following the CJEU decision in Teva v Gilead, it is necessary that the compound for which the SPC is granted can be specifically identified in the patent.
Case date: 08 January 2019
Case number: C/09/56199 / KG ZA 18-1112
Court: Provisions Judge of the District Court of The Hague
A full summary of this case has been published on Kluwer IP Law.