On Oct 23, 2018, The Court of Appeal in interlocutory proceedings ruled
that SPC for the combination product of ezetimibe and simvastatin is likely to
be found invalid.
The Hague Court confirms in its
preliminary opinion that the combination SPC for ezetimibe + simvastatin has
been granted in violation of article 3 (c) of the SPC-Regulation as the
combination is not the object of the invention protected by the basic patent. Also
as interpreted by the CJEU, condition has not been met in this case, because
SPC had already been granted for ezetimibe single product and the combination with
simvastatin is not inventive concept of the Basic Patent.
The ruling of the Court of Appeal
is in line with the earlier ruling of the District Court of Dusseldorf
delivered on Oct 01, 2018 where Dusseldorf court revoked preliminary injunction
granted based on same combination SPC.
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