CELEX: 62011CN0442
Language: en
Date: 2011-08-26 00:00:00
Title: Case C-442/11: 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

22.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/27
            
         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)
   2011/C 311/44
   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 469/2009 (1) 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:
   
               (i)
            
            
               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
            
         
               (ii)
            
            
               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