CELEX: 62019CN0239
Language: en
Date: 2019-03-20 00:00:00
Title: Case C-239/19: Reference for a preliminary ruling from the High Court of Justice (Chancery Division) (United Kingdom) made on 20 March 2019 — Eli Lilly and Company v Genentech Inc.

20.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 172/22
            
         
      Reference for a preliminary ruling from the High Court of Justice (Chancery Division) (United Kingdom) made on 20 March 2019 — Eli Lilly and Company v Genentech Inc.
      (Case C-239/19)
      (2019/C 172/26)
      Language of the case: English
      
         Referring court
      
      High Court of Justice (Chancery Division)
      
         Parties to the main proceedings
      
      
         Applicant: Eli Lilly and Company
      
         Defendant: Genentech Inc.
      
         Question referred
      
      Does the SPC Regulation (1) preclude the grant of an SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held by a third party without that party's consent?
      
         (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 2009, L 152, p. 1).