Order — ECLI:EU:C:2012:66
Date: 2012-02-09
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Intellectual, industrial and commercial property;Approximation of laws;Patents
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 26 August 2011 - Novartis AG v Actavis UK Ltd (Case C-442/11) Language of the case: English Referring court High Court of Justice (Chancery Division) Parties to the main proceedings Applicant: Novartis AG Defendant: Actavis UK Ltd Questions referred Where a supplementary protection certificate has been granted for a product as defined by Regulation (EC) No 469/20091 for an active ingredient, are the rights conferred by that certificate pursuant to Article 5 of the Regulation in respect of the subject matter as defined in Article 4 of the Regulation infringed: by a medicinal product that contains that active ingredient (in this case valsartan) in combination with one or more other active ingredients (in this case hydrochlorothiazide); or only by a medicinal product that contains that active ingredient (in this case valsartan) as the sole active ingredient? ____________ 1 - Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, p. 1