A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Thursday, 13 December 2012

C-493/12: Where is the referring decision?

Can you help a reader of The SPC Blog who has written as follows:
I am trying to track down the decision that leads to the reference C-493/12 [on which see The SPC Blog post here] but cannot find it on BAILII or Curia.  I have emailed the UKIPO policy unit but have had no reply.  Are you able to put out a request on the blog for the decision or order for reference?  
I understand from another source that it is a Patents Court decision dated 24 October 2012.  I would have thought that those involved in it are assiduous blog readers and might be happy to share the information (which should be in the public domain, surely). 
One further thought.  Why doesn’t the CJEU put the reference from the national court onto the relevant part of Curia?  All it says in the relevant bit of C-493/12 is:
Source of the question referred for a preliminary ruling High Court of Justice (Chancery Division) - United Kingdom
If you can shed any light on this, please do so!

2 comments:

Erik Vollebregt said...

Hi, I have the EU court's summary of the case referred that provides a lot of extra information, but could only locate it in Dutch on the Dutch Minstery of Foreign Affairs website that track EU court reference decisions:

http://www.minbuza.nl/binaries/content/assets/ecer/ecer/import/hof_van_justitie/nieuwe_hofzaken_inclusief_verwijzingsuitspraak/2012/c-493-12-verwijzingsbs.pdf

I've looked for an English version but couldn't located one either.

Christopher Stothers said...

It is a judgment of Warren J of 10 October 2012. Perhaps the final order was on 24 October 2012. The case reference is [2012] EWHC 2857 (Pat) and it is on Westlaw.

Chris