- Court of Justice refuses UK High Court's request for preliminary ruling on SPC applications based on third-party MAs, on account of referred question being ‘hypothetical’ (Eli Lilly v Genentech)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Life Sciences analysis: The Court of Justice has refused a request for a preliminary ruling in relation to the interpretation of Article 3(b) of Regulation (EC) 469/2009 concerning supplementary protection certificates (SPCs) for medicinal products (the SPC Regulation), because the referred question was ‘hypothetical’. In this article, Sebastian Moore, Martina Maffei and Priyanka Madan discuss the Court of Justice’s refusal to decide on the referral and its potential impact on business.
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