Teva (UK) Ltd v Gilead Sciences Inc  EWHC 13 (Pat)
This was a challenge to the validity of Gilead’s SPC for an HIV-medication – Truvada – which comprised a combination of two active ingredients (Tenofovir and Emtricitabine). A number of pharmaceutical companies, including Accord Healthcare Ltd, argued that the SPC was invalid as the combination product was not protected by the basic patent in force within the meaning of Article 3(a) SPC Regulation. Arnold J held that the inventive advance of the basic patent was Tenofovir and not the combination product. However, Arnold J was of the view that the question of whether the product was protected by the basic patent in force was not clear and referred questions on the proper interpretation of Article 3(a) to the CJEU.
Kathryn Pickard appeared for Accord Healthcare Ltd.