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Matter

Biogaran v Daiichi Sankyo (Paris Court of Appeal RG 13/15762)

  1. 27 October 2017France

    27 October 2017France

    Decision of the Paris Court of Appeal, Pôle 5 - Chambre 2, in case RG 13/15762 dated 27 October 2017

    Paris Court of Appeal, Pôle 5 - Chambre 2

    Case no.
    RG 13/15762
    Citation
    Paris Court of Appeal, 27 October 2017, n°155, RG 13/15762
    Decision summary
    On remand after the Cour de cassation set aside the Paris Court of Appeal's 29 February 2012 decision, the court admitted Biogaran's tierce opposition to the 14 March 2007 judgment concerning Daiichi Sankyo's appeal against INPI decisions on supplementary protection certificate 92 C0224. It also declared the interventions of Sandoz, EG Labo and Teva Santé admissible, retracted the 14 March 2007 judgment insofar as it held that the 26 January 2005 forfeiture decision had not been validly notified, and directed that the retraction take effect against all parties. Daiichi Sankyo was ordered to pay costs and specified sums under article 700 of the French Code of Civil Procedure.

    Supporting details

    8 authorities · 22 participants
    S.A.S. Biogaran
    Representative
    Me Dominique Olivier (For: S.A.S. Biogaran)
    Representative
    Me Arnaud Casalonga (For: S.A.S. Biogaran)
    Representative
    Me Floriane Codevelle (For: S.A.S. Biogaran)
    Director General of the National Industrial Property Institute (INPI)
    Representative
    Me Laurence Taze-Bernard (For: Director General of the National Industrial Property Institute (INPI))
    Daiichi Sankyo Company Limited
    Representative
    Me Anne Grappotte-Benetreau (For: Daiichi Sankyo Company Limited)
    Representative
    Me Pierre Heitzmann (For: Daiichi Sankyo Company Limited)
    Representative
    Me Claire Habibi (For: Daiichi Sankyo Company Limited)
    S.A.S. Teva Santé
    Representative
    Me Grégoire Desrousseaux (For: S.A.S. Teva Santé)
    S.A.S. EG Labo - Laboratoires Eurogenerics
    Representative
    Me Patricia Hardouin (For: S.A.S. EG Labo - Laboratoires Eurogenerics)
    Representative
    Me Gaëlle Bloret-Pucci (For: S.A.S. EG Labo - Laboratoires Eurogenerics)
    S.A.S. Sandoz
    Representative
    Me François Teytaud (For: S.A.S. Sandoz)
    Representative
    Me Barbara Bertholet (For: S.A.S. Sandoz)
    Paris Court of Appeal, Pôle 5 - Chambre 2
    Other
    Court Reporter
    Mme Carole Trejaut

    Authorities cited

    8
    • French Code of Civil Procedure
      statute
    • French Intellectual Property Code
      statute
    • French Decree of 19 September 1979
      statute
    • French Decree of 19 November 1991 extending applicable provisions to supplementary protection certificates
      statute
    • French Decree of 25 February 2004
      statute
    • Paris Court of Appeal judgment dated 14 March 2007 (Paris Court of Appeal, 14 March 2007, RG 06/13425)
      case-law
    • Paris Court of Appeal judgment dated 29 February 2012 (Paris Court of Appeal, 29 February 2012, RG 11/03310)
      case-law
    • Cour de cassation judgment dated 25 June 2013 (Cour de cassation, 25 June 2013, pourvoi n° 12-18.022)
      case-law

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Biogaran v Daiichi Sankyo (Paris Court of Appeal RG 13/15762) · Matter