Mr. Arne Forsgren v. Spanish Patents and Trademarks Office, High Court of Justice (Contentious-Administrative Chamber - 2nd Section) of Madrid, Spain, 9 July 2014, Docket No. 945/2012.
The wave of resolutions from the European Court of Justice (ECJ) concerning SPCs and the related interpretation of the provisions from the Regulation (EC) No. 469/2009 (hereinafter, “the Regulation”) recently brought the ECJ Judgment of 15 January 2015, in case C 631/13 (Arne Forsgren v. Österreichisches Patentamt), in reply to the request for a preliminary ruling submitted by the Austrian Supreme Patent and Trade Mark Adjudication Tribunal (Oberster Patent- und Markensenat) which concerned the request for grant of a SPC for Protein D present in the ‘Synflorix’ pneumococcal vaccine.
Before the rendering of the Judgment above, the High Court of Justice of Madrid had to decide upon the appeal filed by Arne Forsgren against the decision by the Spanish Patent Office (“SPTO”) not to grant an SPC for Protein D on the basis of the marketing authorization for ‘Synflorix’. It did so by means of a Decision dated 9 July 2014, where, accepting the patentee’s arguments, it revoked the previous rejecting resolution, and hence ordered to grant the requested SPC.