Trastuzumab x recombinant human hyaluronidase: the French Supreme Court clarifies the interpretation of article 1 b) of the SPC Regulation

Jamais deux sans trois”. The French Supreme Court (“Cour de Cassation”) has issued no less than seven decisions relating to SPCs on February 1st, 2023. After having reported the two relating to the interpretation of article 3 a) of the SPC Regulation last week (nivolumab and pembrolizumab cases), I will report today a decision rendered on the interpretation of article 1 b) of said Regulation.

We should note, as a preliminary remark, that this week’s judgement is a little unusual in that it is the only one of the “February 1st series” to have been published in the “Bulletin”, an honor reserved only for the Cour de Cassation’s decisions of principle.

For more information: link.

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