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Case C-443/12: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 — Actavis Group PTC EHF, Actavis UK Ltd v Sanofi
ECLI:EU:UNKNOWN:62012CN0443
62012CN0443
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15.12.2012
Official Journal of the European Union
C 389/5
(Case C-443/12)
2012/C 389/07
Language of the case: English
Referring court
Parties to the main proceedings
Applicants: Actavis Group PTC EHF, Actavis UK Ltd
Defendant: Sanofi
Third party: Sanofi Pharma Bristol-Myers Squibb SNC
Questions referred
1.What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of Regulation 469/2009/EC (the Regulation)?
2.In a situation in which multiple products are protected by a basic patent in force, does the Regulation, and in particular Article 3(c), preclude the proprietor of the patent being issued a certificate for each of the products protected?
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