TEVA UK LIMITED v GILEAD SCIENCES, INC

Abstract

H1 Supplementary protection certificates – Anti-retroviral medication – Validity – Combination of active ingredients – Construction of art. 3(a) of the SPC Regulation – Whether product “protected by the basic patent in force” – Whether extent of protection the relevant test – Issue referred to Court of Justice – Interpretation and application of judgment of Court of Justice – Appeal to Court of Appeal