Deals & Cases
MLL Legal defended Bristol-Myers Squibbs’ Supplementary Protection Certificate for apixaban
The patent team of MLL Legal successfully defended Bristol-Myers Squibbs’ Swiss Supplementary Protection Certificate (SPC) for the active pharmaceutical ingredient apixaban, comprised in the blockbuster anticoagulant Eliquis®.
The patent team of MLL Legal defended Bristol-Myers Squibbs’ Supplementary Protection Certificate for the active pharmaceutical ingredient apixaban, comprised in the blockbuster anticoagulant Eliquis® before the Swiss Federal Patent Court and the Swiss Supreme Court. Both instances confirmed the validity of BMS’ SPC for apixaban.
The first-instance judgment of the Federal Patent Court was issued by an extended panel of five judges. It is a landmark decision as it is the first case in Switzerland to examine the topics of plausibility and priority since the decisions of the Enlarged Board of Appeal of the European Patent Office in the matters G 2/21 (“plausibility”) and G1/22 and G2/22 (“entitlement to priority”) were published.
BMS was represented in this matter by Simon Holzer, MLL Legal’s head of technical IP, Ulrike Ciesla, European patent attorney, and Louisa Galbraith, attorney-at-law.
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