Abraxis Bioscience LLC v Comptroller-General of Patents

Patent – Supplementary protection certificate. The Patents Court made rulings in the course of an appeal by Abraxis Bioscience LLC (Abraxis) against a decision, on behalf of the Comptroller-General of Patents, refusing Abraxis' application for a supplementary protection certificate for a product described as 'paclitaxel formulated as albumin bound nanoparticles' on the ground that it did not comply with art 3(d) of European Parliament and Council Regulation (EC) 469/2009, because, at the date of the application, the authorisation was not the first authorisation to place the product on the market as a medicinal product. The court held, among other things, that a reference should be made to the Court of Justice of the European Union concerning the proper interpretation of art 3(d) of the Regulation because answers to the questions raised on that issue remained unclear.

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