Matter
Halozyme Inc v National Institute of Industrial Property (Paris Court of Appeal 20/17731)
Halozyme challenged refusal of a protection certificate for rituximab and hyaluronidase; the Paris Court of Appeal upheld the refusal under EU law on appeal.
Procedural record
- 27 January 2020Arbitration
27 January 2020Arbitration
Decision of the Director General of the National Institute of Industrial Property on CCP application 16C0030 dated 27 January 2020
- Decision summary
- The National Institute of Industrial Property rejected Halozyme Inc's application for a supplementary protection certificate for rituximab and recombinant human hyaluronidase.
Participants
HALOZYME INC
National Institute of Industrial Property
1 year, 11 months and 22 days later · 722 days
- 18 January 2022France
18 January 2022France
Judgment of the Paris Court of Appeal in case 20/17731 dated 18 January 2022
Paris Court of Appeal
- Citation
- n°017/2022
- Decision summary
- The Paris Court of Appeal rejected Halozyme Inc's appeal against the National Institute of Industrial Property's refusal of supplementary protection certificate application 16C0030. It held that recombinant human hyaluronidase was an excipient rather than an active ingredient, so the combination with rituximab was not a product under Article 1(b) of Regulation (EC) No 469/2009; it also held that rituximab had earlier marketing authorisations and the invoked authorisation was not the first for that product.
Participants
HALOZYME INC
- Representative
- [O] [H] (For: HALOZYME INC)
- Representative
- [P] [D] (For: HALOZYME INC)
- Representative
- Pauline DEBRÉ (For: HALOZYME INC)
- Representative
- LINKLATERS LLP (For: HALOZYME INC)
National Institute of Industrial Property
- Representative
- Virginie LANDAIS (For: National Institute of Industrial Property)
Paris Court of Appeal
- Judge
- Isabelle DOUILLET
- Judge
- Françoise BARUTEL
- Judge
- Déborah BOHEE
- Advocate General
- Muriel FUSINA
Other
- Court Reporter
- Karine ABELKALON
- Institutional administrator
- Public Prosecutor's Office