Premature database entry infringes SPC

×Reading time: 4 minutes Case No. S2019_006 | Decision of 1 May 2019 Case No. S2019_006 | Decision of 21 March 2019 Lilly / ICOSThe SPC in suit is ICOS’ C00740668/01, the basic patent of which is EP 740 668 B1; see EPO Register and Swissreg for further information. The SPC protects tadalafil (which is also referred to in claim 10 of the basic patent), a phosphodiesterase type 5 (PDE5) inhibitor. Lilly‘s products are Cialis® (for the treatment of erectile dysfunction) and Adcirca® (for the treatment of pulmonary arterial hypertension). Lilly’s Cialis and its active ingredient tadalafilThe basic EP’668 had lapsed already back in 2015; and the SPC has also lapsed meanwhile, on 4 May 2019. But the present decisions relate to an apparent mishap shortly before the SPC finally lapsed. Sandoz’s logoSandoz had Swissmedic’s market authorization for its generic ‘Tadalafil Sandoz’ since 7 November 2017, but did…

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