(Case C-239/19 Reference for a preliminary ruling from the High Court of Justice (Chancery Division) (United Kingdom) made on 20 March 2019 – Eli Lilly and Company v Genentech Inc.

Reference for a preliminary ruling from the High Court of Justice (Chancery Division) (United Kingdom) made on 20 March 2019 – Eli Lilly and Company v Genentech Inc.

(Case C-239/19)

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicant: Eli Lilly and Company

Defendant: Genentech Inc.

Question referred

Does the SPC Regulation¹ preclude the grant of an SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held by a third party without that party's consent?

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¹ Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009, L 152, p. 1).