As a brief recap, claim 1 of Eli Lilly’s patent requires vitamin B12 + Pemetrexed disodium and claim 2 requires vitamin B12 + Pemetrexed disodium + folic binding protein. The potential infringer, Fresenius, used a composition including Pemetrexed tromethamine in...
Paediatrics Regulation In Europe, Orphan Medicinal Products are medicinal products that are intended for the treatment of conditions that affect no more than 5 in 10,000 people in the EU. In order to incentivise the development of treatments for these rare conditions,...
Background Supplementary Protection Certificates (SPCs) are available under EU law to effectively compensate patent owners for some of the lost patent protection that inevitability occurs due to the time it takes to obtain marketing authorisation. Article 3 of the SPC...
A very rare Appeal Decision by the European Patent Office has recently been issued in which a substantial procedural violation by the Office has been acknowledged meaning that an appeal fee was refunded. This Decision also provides useful guidance on how to...
Background This case is a preliminary ruling from the Courts of Justice of the European Union (CJEU) following a referral from the German Federal Patent Court regarding Supplementary Protection Certificates. In particular, the referral relates to Article 3(a) of EU...
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