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.
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