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Case C-442/11: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 26 August 2011 — Novartis AG v Actavis UK Ltd
ECLI:EU:UNKNOWN:62011CN0442
62011CN0442
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22.10.2011
Official Journal of the European Union
C 311/27
(Case C-442/11)
2011/C 311/44
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: Novartis AG
Defendant: Actavis UK Ltd
Questions referred
Where a supplementary protection certificate has been granted for a product as defined by Regulation (EC) No 469/2009 (1) for an active ingredient, are the rights conferred by that certificate pursuant to Article 5 of the Regulation in respect of the subject matter as defined in Article 4 of the Regulation infringed:
(i)by a medicinal product that contains that active ingredient (in this case valsartan) in combination with one or more other active ingredients (in this case hydrochlorothiazide); or
(ii)only by a medicinal product that contains that active ingredient (in this case valsartan) as the sole active ingredient?
(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 L 152, p. 1