20.5.2019
EN
Official Journal of the European Union
C 172/22
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)
(2019/C 172/26)
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 Regulation (1) 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?
(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).
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