Quo vadis, SPC?
Insights from expert Dr. Christopher Brückner
1. What do you expect from the pending referral in the case of QH/Royalty Pharma (C 650/17) where the ECJ has to deal with individualised embodiment?
2. What can one expect from the pending referral in the case of Sandoz v Seale (C-114/18) where the ECJ was asked about common general knowledge?
3. What do you make of the pending referral in the Santen v INPI case (C-673/18) where the ECJ was asked again on the interpretation of „different application“ as in The Neurim case?
4. What can be expected from the pending ECJ referral Eli Lilly (C-239/19) with regards to third party market authorisation?
5. What do you think how the ECJ will decide in the pending referral Novartis (C-354/19) concerning further SPCs to a new indication?