This article discusses the recent decision “Telmisartan” of the German Federal Patent Court. As a result of this decision a second SPC for a combination of telmisartan and hydrochlorothiazide was declared invalid in view of the decision Actavis (C-443/12) of the European Court of Justice although the corresponding basic patent has been limited. Furthermore, the German Federal Patent Court has clarified that in principal, the basic patent may be limited in view of a nullity suit and that the national limitation retroacts to the date before the date of the SPC request.
Source: IP kompakt No. 9, 2014, Bundesanzeiger Publisher, Cologne