From the magazine LSR 2/2020 | S. 96-99 The following page is 96

When Is an SPC Infringed?

Decision of the Federal Supreme Court 4A_274/2019

Keywords:
Patent Law, SPC

I. Introduction

The Truvada® litigation led to groundbreaking decisions in Switzerland. The shift in Swiss practice from the infringement test to a disclosure test with respect to the assessment of validity of an SPC was already discussed in detail1. The present article deals with the other aspect of this litigation, the assessment as to when an SPC is infringed.

A. Background

Truvada® is a medicament for the treatment and prophylaxis2 of HIV. It consists of a combination of two active substances, a tenofovir disoproxil salt and emtricitabine. The originator of…

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