||All England Reporter
|| All ER (D) 40 (May)
|| EWCA Civ 523
||Court of Appeal, Civil Division
Sir Andrew Morritt C, Etherton and Elias LJJ
||Andrew Waugh QC (instructed by Rouse Legal) for Medeva.
||Thomas Mitcheson (instructed by the Treasury Solicitor) for the Comptroller.
||3 May 2012
Patent - Supplementary protection certificates - Combination products - Combination vaccines - Claimant seeking supplementary protection certificates on expiry of patents for combination vaccines - Application being refused by defendant Comptroller General - Court of Appeal making reference to Court of Justice of the European Union on test to be applied - Whether claimant's application falling within test specified by Court of Justice - Council and Parliament Regulation (EC) 469/2009, art 3(a).
Patent Supplementary protection certificates. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the refusal to grant it a supplementary protection certificate in respect of a vaccine patent, holding that the claimant had not, on the application of the test laid down by the Court of Justice of the European Union following a reference thereto, satisfied art3(a) of Council and Parliament Regulation (EC) 469-2009 (on the creation of a supplementary protection certificate).
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