tag:blogger.com,1999:blog-5574479.post352609094004504760..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Sweden gets into the Article 3 SPC referral game in AstraZeneca dapagliflozin caseVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-6922402830107001282023-03-06T09:27:22.611+00:002023-03-06T09:27:22.611+00:00Totally agree with the Kat that "the interpre...Totally agree with the Kat that "the interpretation of Article 3(a) and 3(c) is anything but clear". It is a sorry state of affairs. It is all the more tragic for the fact that there is an interpretation available that would clear up the whole mess:<br /><br />Article 3(a) - Is the product named in the SPC covered by the basic patent? (Direct infringement)<br />Article 3(c) - Has the product named in the SPC previously been the subject of a different SPC? (Novelty)<br /><br />This would certainly lead to more SPCs for combinations, salts and solid forms. The public cost would be offset by the dispelling of a huge amount of legal uncertainty, since these tests could be applied by any half-decent patent practitioner. And, of course, generics manufacturers could always market any forms of the product that are not protected by a narrow combination, salt or solid form SPC.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89976371253394261352023-03-02T09:43:46.555+00:002023-03-02T09:43:46.555+00:00It is interesting that the Swedish Supreme Court f...It is interesting that the Swedish Supreme Court felt that the only suitable course of action would be for the PMÖÄ to make a preliminary referral. I would have thought that it would suffice for the case to be remitted to the PMÖÄ and to then be stayed, pending outcome of the joined referrals C-119/22 and C-149/22. Indeed, such a stay of proceedings is exactly what the French Cour de cassation ordered in its 1 February 2023 judgement in a Merck Sharp & Dohme Corp. case.<br /><br />It therefore seems that the inability of national courts to adopt a harmonised approach extends to issues beyond those relating to the interpretation of Article 3!Proof of the puddingnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-77186792462629912302023-03-01T12:44:34.113+00:002023-03-01T12:44:34.113+00:00Cases C-119/22 and C-149/22 have been joined by th...Cases C-119/22 and C-149/22 have been joined by the CJEU and the hearing is taking place next week (March 8). One would expect a decision in those cases will be available well before the CJEU takes a look at the case from Sweden and there may not be a need for it.Anonymousnoreply@blogger.com