Shionogi Sieyaku Kabushiki Kaisha, AstraZeneca UK Limited, AstraZeneca Farmacéutica Spain, S.A. v. Ratiopharm España, S.A., Court of Appeals of Barcelona, Section 15, 16 May 2018, Docket No. 59/2018
In a first instance judgment dated 12 July 2017, Commercial Court No. 5 of Barcelona concluded that use claims in the Swiss-type format, being purpose-related process claims, fell within the scope of the Spanish Reservation to the EPC. However, this decision was revoked by the Court of Appeals of Barcelona in a judgment dated 16 May 2018, which, contrary to the Court of First Instance, ruled that Swiss-type claims are not affected by the Reservation.
The entire summary (in English) can be read here.
The judgment (in Spanish) can be read here.
Summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER