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« Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013) | Main | In Defense of Patenting »

December 18, 2013

Comments

Hi,

According to the court's ruling, it is possible, in principle, on the basis of a patent which protects several different products, to obtain several SPCs in relation to each of those different products. Each of those products should, however, be protected as such by that basic patent and be contained in a medicinal product and subject to a marketing authorisation. I feel the above post is based on the advocate genereal opinion and not by the CJEU. CJEU gave opinion controrary to advocate genereal.
Pls. find the below link for the ruling of CJEU
http://curia.europa.eu/juris/document/document.jsf?text=&docid=145524&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=370360

Regards
Dhakshina

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