Lewison J dismissed both appeals. In his view
* What constitutes a "product" must be strictly construed, looking at what it is, rather than what it does, and taking into account only its active ingredients.* The Commission's authorisation decision clearly identified the medicinal product, 'Erbitux – cetuximab' as its subject-matter -- no other medicinal product was identified. It alluded to irinotecan only in order to explain how cetuximab was used. This could not constitute a marketing authorisation of a product consisting of both cetuximab and irinotecan.
* Given the restrictive interpretation of the term "product", to incorporate the notion of secondary infringement into the SPC regime would be illegitimate. While this was not acte clair, it was in any event a matter for national rather than European law, so no reference would be made for a preliminary ruling from the Court of Justice of the European Union.