IP case law Court of Justice

Referral C-443/17 (Abraxis Bioscience, 24 Jul 2017)

Is Article 3(d) of the SPC Regulation to be interpreted as permitting the grant of an SPC where the marketing authorisation referred to in Article 3(b) is the first authorisation within the scope of the basic patent to place the product on the market as a medicinal product and where the product is a new formulation of an old active ingredient ?

Case details on the CJEU website (external link)