CJEU rules on combination SPCs: The Medeva case decision
25 November 2011
The Court of Justice of the European Union (CJEU) gave its opinion on the Medeva and Georgetown cases today, 24 November 2011. The decisions have implications not only for the parties involved, but also for the pharmaceutical industry at large.
The CJEU decision is helpful for pharma companies involved in products that contain multiple active ingredients, such as vaccines. It allows a company to get SPC protection as long as the medicine that has marketing authorisation includes the active ingredient "specified" in the patent claims. The court concluded, contrary to the English court's view, that there was no need for a precise match between the patent claims and the list of active ingredients in the medicine.
This article covers:
- Background on the Supplementary Protection Certificate (SPC) system
- Background on the Medeva case
- The CJEUs decision
- Hogan Lovells analysis of the CJEUs combination SPC decision