New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)
The IPKat
MARCH 7, 2022
The question before the Irish Courts was whether a second SPC (SPC 2005/01) based on this combination product was valid. Furthermore, the primary inventive contribution of the patent was the disclosure of ezetimibe, and not its combined use with simvastatin.
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