Teva UK Ltd and others v Gilead Sciences Inc

Patent – Validity. The Chancery Division, in proceedings in which the claimants challenged the validity of the defendant's supplementary protection certificate (the SPC) for a product marketed by the defendant under the trade mark 'Truvada', held that the test to be applied in order to determine whether a product was 'protected' by a basic patent within the meaning of art 3(a) of European Parliament and Council Regulation (EC) 469/2009 remained unclear. Accordingly, a reference to the Court of Justice of the European Union was necessary to clarify the applicable test.

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