Actavis Group PTC EHF and another v Boehringer Ingelheim Pharma GmbH & Co. KG

European Union – Patent. The Court of Justice of the European Union held that art 3(a) and (c) of European Parliament and Council Regulation (EC) 469/2009 (concerning the supplementary protection certificate for medicinal products) had to be interpreted as meaning that, where a basic patent included a claim to a product comprising an active ingredient which constituted the sole subject-matter of the invention, for which the holder of that patent had already obtained a supplementary protection certificate, as well as a subsequent claim to a product comprising a combination of that active ingredient and another substance, that provision precluded the holder from obtaining a second supplementary protection certificate for that combination.

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