"By means of a judgment dated 20 June 2012 (here), the Commercial Court No. 1 of Pamplona has upheld a revocation action by Cinfa and Actavis against the Spanish SPC for telmisartan + hctz, on the grounds of article 15.1(a), in relation to article 3(a), of the SPC Regulation.
The active ingredient ‘hctz’ was not specified in the wording of the claims of the basic (mono) patent. Accordingly, since it couldn’t do otherwise, the court has relied on the ECJ Medeva decision to conclude that the SPC must be deemed invalid and revoked. As far as we are aware, this is the first post-Medeva decision in Spain to decide on an SPC for combination products.
The SPC holder (Boehringer) can appeal the judgment.Javier and Sara hope to be able to forward an English translation of the decision within a few days. On behalf of all our readers, we thank you both very much!