Daiichi Sankyo Company Limited v. INPI, Validity French SPC, Cour d'Appel of Paris, France, 6 November 2009, Case No. 09/06530 (with English translation), with thanks to Pierre Véron, Véron & Associés
The Cour d'Appel of Paris dismissed the appeal of Daiichi Sankyo lodged against the decision of the French Patent Office (Institut National de la Propriété Industrielle - INPI) to reject its French SPC. "Considering that, [...] the certificate cannot exceed the scope of the protection conferred by the basic patent; Considering that it is not disputed that only olmesartan medoxomil is comprised in the family of 1-biphenyllimidazole-type derivatives because hydrochlorothiazide has a molecular structure which excludes it therefrom. The combination of olmesartan medoxomil and hydrochlorothiazide is not protected by the basic patent because it is not claimed therein.
"Considering that the appellant’s developments on the foreign decisions about the granting of supplementary protection certificates are inoperative as they relate to distinct disputes; likewise, it is pointless to maintain that the combination at issue reproduces the characteristics of claim 5 since the question which is asked is whether this combination is protected by the patent and not whether it infringes it."