Supplementary Protection Certificates - Teva UK Ltd and others v Gilead Sciences, Inc.

Truvada tablets Author Jeffrey Beall Licence CC BY-SA 3.0 Source Wikipedia Emtricitabine/tenofovir Jane Lambert Court of Appeal (Lord Justices Lewison, Floyd and Dingemans) Teva UK Ltd and others v Gilead Sciences, Inc [2019] EWCA Civ 2272 (19 Dec2019) This was an appeal against Mr Justice Arnold's decision in Teva UK Ltd and others v Gilead Sciences Inc [2018] EWHC 2416 (Pat) (18 Sept 2018) to revoke supplementary protection certificate ("SPC") numbered SPC/GB05/041 . The reason for the revocation is that art 3 (1) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, 16.6.2009, p. 1–10 requires a product that is protected by an SPC to have been protected previously by a basic patent. One of the products that had been included in the SPC was emtricitabine. That had not been protected e...