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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:
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(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 |
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(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