Arbitral Digest

Matter

SAS Biogaran v Daiichi Sankyo Company Limited and Teva Santé (Paris Court of Appeal RG 11/03310)

  1. 14 March 2007France

    14 March 2007France

    Judgment of the Paris Court of Appeal, Fourth Chamber A dated 14 March 2007

    Paris Court of Appeal, Fourth Chamber A

    Case no.
    2006/13425
    Decision summary
    The Paris Court of Appeal annulled the INPI decisions declaring Daiichi Sankyo's supplementary protection certificate lapsed for non-payment of the fourth maintenance fee and rejecting Daiichi Sankyo's challenge as late.

    1 year, 3 months and 17 days later · 475 days

  2. 1 July 2008France

    1 July 2008France

    Judgment of the French Court of Cassation dated 1 July 2008

    French Court of Cassation

    Decision summary
    The French Court of Cassation rejected the appeals brought against the Paris Court of Appeal's 14 March 2007 judgment concerning the INPI decisions on Daiichi Sankyo's supplementary protection certificate.

    3 years, 7 months and 28 days later · 1338 days

  3. 29 February 2012France

    29 February 2012France

    Judgment of the Paris Court of Appeal, Pôle 5 - Chambre 1, in case RG 11/03310 dated 29 February 2012

    Paris Court of Appeal, Pôle 5 - Chamber 1

    Case no.
    11/03310
    Decision summary
    The Paris Court of Appeal declared Biogaran's third-party opposition to the Court's 14 March 2007 judgment admissible but unfounded. It refused to retract that judgment, dismissed Biogaran's claims, ordered Biogaran to pay the costs and EUR 5,000 to Daiichi Sankyo under Article 700 of the French Code of Civil Procedure, and made no further award under that article.

    Supporting details

    5 authorities · 24 participants
    SAS Biogaran
    Representative
    Me Dominique Olivier (For: SAS Biogaran)
    Representative
    Me Floriane Codevelle (For: SAS Biogaran)
    Representative
    SAS Casalonga (For: SAS Biogaran)
    Director General of the National Institute of Industrial Property (INPI)
    Representative
    SCP Baechlin (For: Director General of the National Institute of Industrial Property (INPI))
    Representative
    Me Pierre Veron (For: Director General of the National Institute of Industrial Property (INPI))
    Representative
    Me Françoise Escoffier (For: Director General of the National Institute of Industrial Property (INPI))
    Representative
    SCP Veron & Associés (For: Director General of the National Institute of Industrial Property (INPI))
    Daiichi Sankyo Company Limited
    Representative
    SCP Grappotte-Benetreau-Jumel (For: Daiichi Sankyo Company Limited)
    Representative
    Me Pierre Heitzmann (For: Daiichi Sankyo Company Limited)
    Representative
    Partnership Jones Day (For: Daiichi Sankyo Company Limited)
    Teva Santé
    Representative
    SCP Galland-Vignes (For: Teva Santé)
    Representative
    Me Grégoire Desrousseaux (For: Teva Santé)
    Representative
    SCP August & Debouzy (For: Teva Santé)
    Paris Court of Appeal, Pôle 5 - Chamber 1
    Advocate General
    Brigitte Gizardin
    Other
    Institutional administrator
    Jacqueline Berland
    Institutional administrator
    Public Prosecutor's Office
    Institutional administrator
    Gilles Dupont

    Authorities cited

    5
    • French Code of Civil Procedure, Article 583
      statute
    • French Code of Civil Procedure, Article 585
      statute
    • French Intellectual Property Code, Article L.613-27
      statute
    • French Code of Civil Procedure, Article 699
      statute
    • French Code of Civil Procedure, Article 700
      statute

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SAS Biogaran v Daiichi Sankyo Company Limited and Teva Santé (Paris Court of Appeal RG 11/03310) · Matter