Source: All England Reporter
Publisher Citation: [2012] All ER (D) 40 (May)
Neutral Citation: [2012] EWCA Civ 523
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Etherton and Elias LJJ
Representation Andrew Waugh QC (instructed by Rouse Legal) for Medeva.
  Thomas Mitcheson (instructed by the Treasury Solicitor) for the Comptroller.
Judgment Dates: 3 May 2012

Catchwords

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).

The Case

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).

Practice Areas

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