SAS Sandoz v. Eli Lilly and Company, Court of Appeal of Paris, France, 13 January 2012, Case No. 10/17727, with thanks to Dominique Menard and Stanislas Roux-Vaillard, Hogan Lovells, for providing the judgment and an extended summary in English
On 13 January 2012, the Court of appeal of Paris confirmed the judgment which found that the French part of Eli Lilly's patent No. EP 0 577 303 regarding a process for stereoselective glycosylation shows inventive activity, is sufficiently disclosed and consequently valid. The failing generics company is ordered to pay half a million Euros in attorney's fees.
Read the entire summary (in English) here.
Read the judgment (in French) here.
The could-would approach is now followed by the French Court of Appeal.
No surprise : the new president is a former legal member of the BoA of the EPO.
Posted by: Peggy | 27/01/2012 at 12:31