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Merck wins ruling on negative SPCs in Europe

Simon Crompton, London

The Court of Justice of the EU has ruled that member states can grant negative supplementary protection certificates (SPCs), which will help pharma companies win six-month research extensions

The ruling followed a referral by Germany's Federal Patent Court in a case involving a diabetes drug sold by Merck Sharp & Dohme.

As with other aspects of SPCs, courts around Europe had disagreed on whether a negative SPC was possible....

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