News & Analysis as of September 18, 2024

Teva Pharmaceuticals

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

The Vifor Case: Disparagement Reloaded?

McDermott Will & Emery on 8/21/2024

On July 22, 2024, the European Commission (EC) accepted commitments proposed by Vifor Pharmaceuticals to address disparagement concerns under Article 102 TFEU. This is the EC’s first pure disparagement case and its second...more

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

A&O Shearman on 10/23/2023

The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more

SPCs: CJEU adopts new two-stage test for combination products and pins Art 3(a) to the priority date of the patent

A&O Shearman on 7/30/2018

Those looking for clearer guidance on the practical application of Art 3(a) are likely to be left disappointed by yesterday’s CJEU judgment in the Teva v Gilead SPC litigation. ...more

U.S. + Germany Patent Update – July 2018

Hogan Lovells on 7/23/2018

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Teva v Gilead: AG rejects core inventive advance and scope of protection tests

A&O Shearman on 5/1/2018

AG rejects core inventive advance and scope of protection tests in favour of a disclosure-based approach to Art 3(a) SPC Regulation - If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees...more

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