SPC enthusiasts may already have seen a posting on this case on The SPC Blog here; the ruling gives an interesting insight into the manner in which a Patents Court judge decides whether, in respect of a dispute that is likely to go to the Court of Appeal, it is proper to refer questions to the Court of Justice of the European Communities for a preliminary ruling.
The PatLit weblog covers patent litigation law, practice and strategy, as well as other forms of patent dispute resolution. If you love -- or hate -- patent litigation, this is your blog. You can contact PatLit by emailing Michael here
Friday 31 July 2009
To refer, or not to refer?
Mr Justice Arnold delivered his judgment this morning in Astellas Pharma Inc v Comptroller-General of Patents [2009] EWHC 1916 (Pat), an appeal against the refusal of the Intellectual Property Office, United Kingdom, to extend the term of a patent by granting a supplementary protection certificate (SPC).
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