Analysis: CJEU SPC basic patent ruling “doesn’t give any more clarity”

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Analysis: CJEU SPC basic patent ruling “doesn’t give any more clarity”

Patrick Wingrove
August 07 2018
CJEU 168

The CJEU attempted to clarify the meaning of “protected by a basic patent” in Teva v Gilead, but practitioners and in-house counsel say it raises more questions than it has answered including a new test that is not clear

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

United KingdomNewsEuropean UnionPatentsEuropeJurisdictions
wingrove-patrick-300px.png
Patrick Wingrove
Deputy managing editor Managing IP
Contact
Patrick assists with editorial agenda management, and regularly reports on patent-related issues, including FRAND, supplementary protection certificates and patent eligibility, as well as trade secrets. He also chairs industry events and produces conference newspapers.
more from across site and SHARED ros bottom lb

More from across our site

Patents
BradGraveline2.png
How Sheppard Mullin beat US government in $170m airport case
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Rani Mehta, May 08 2025
Patents
technology var decision no goal.The video assistant referee scene a match official in football stadium.
UPC update: VAR patent decision | Confidentiality club rejig
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
Max Walters, May 08 2025
Patents
TWF Patent team.jpg
Taylor Wessing poaches Pinsent Masons IP partner for Paris launch
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Max Walters, May 07 2025
Patents
MarcFenster2.png
Behind the case: How partner kept jury engaged for Samsung patent battle
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Rani Mehta, May 07 2025
Trademarks
AdobeStock_1217162951.jpg
Why PE-funded IP firms must prove their value to clients
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Sukanya Sarkar, May 07 2025
Trademarks
EUIPO_2k-comp.jpg
AI assistants: inside the EUIPO’s ‘business-focused’ approach
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Max Walters, May 06 2025
Patents
SMpic.png
IP takes centre stage as Shakespeare Martineau’s reorg pays off
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Max Walters, May 06 2025
Managing IP Awards
Nokiawinners.jpg
Meet the Managing IP award winners: Nokia’s ‘fearless and empowered’ approach
Clemens Heusch, head of global litigation and dispute resolution at Nokia, tells us why open conversations – and respectful challenges – lead to the best results
May 05 2025
Patents
Gutman-SiegmundCOVER.jpg
Mintz seeks ‘creative’ life sciences enforcement solutions
Siegmund Gutman, who joined Mintz one year ago, explains the firm’s approach to life sciences litigation and what it means for hiring plans
Rani Mehta, May 02 2025
Patents
AdobeStock_209415346.jpg
Weekly take: A chance for smaller outfits to crack Australian dominance
The merger of two IP boutiques could prompt others to follow suit and challenge Australia’s externally funded firms
Sukanya Sarkar, May 02 2025
Gift this article