James Smythies

May 20, 2024 | mondaq.com | Graham Lewis |James Egleton |James Smythies

The UK courts have been reasonably active in the SPC field recently, with two cases in particular catching our attention. In the first case, the High Court of England and Wales heard an appeal from a decision of the UKIPO to refuse Merck Serono's SPC application for cladribine, which turned on the applicability in the UK of the CJEU judgment in Santen (C-673/18). As is explained in more detail below, the Court held as expected that Santen applies in the UK ex tunc.