8 March 2019
CIIR & CeBIL researchers cited by UK Justice Arnold
On Friday, March 1 the patents division of the English High Court decided that a patent owned by Genentech was invalid and rejected the company’s application for a supplementary protection certificate (SPC).
While Justice Arnold held that the patent and the SPC application were invalid, he made a referral to the Court of Justice of the European Union (CJEU) to answer whether an SPC can be filed based on an unrelated third-party marketing authorization, see: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Patents/2019/388.html
In reaching his decision, J. Arnold cited a paper by CIIR & CeBIL researchers Jens Schovsbo, Ulla Callesen Klinge and Timo Minssen, “Reap what you sow! But what about SPC squatting?”  JIPLP 569, available here: https://academic.oup.com/jiplp/article/13/7/569/4823428 .