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No SPCs for New Formulations of Old Active Ingredients, but Neurim Survives (for Now)

The CJEU issued on 21 March 2019 its judgment in the Abraxis C-443/17 case. The full text of the judgment can be found here.

The CJEU held that SPCs are not available for new formulations of old active ingredients. Whilst the CJEU's conclusions regarding the unavailability of SPCs for new formulations of old active ingredients will not be popular with innovator companies, there will no doubt be relief that the CJEU did not follow the earlier recommendation of the Advocate General (reported here) to overturn Neurim.

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