Invalidity of SPC for a biopharmaceutical

A team comprised of lawyers from Grette and Wikborg Rein represented the Norwegian company Pharmaq, which is now part of Zoetis, in an invalidity and infringement action in relation to an SPC for an immunological veterinary pharmaceutical. Issues relating to the scope of biopharmaceuticals protection, as well as sales prior to the granting of a marketing authorisation, were referred to the EFTA Court. The case was first adjudicated by the Oslo District Court, which upheld the SPC and ordered suspension. Pharmaq prevailed on the merits of the case when the appeal was heard before the Borgarting Court of Appeal. Intervet’s appeal to the Supreme Court was not admitted, and the judgment is now final.