During the current state of alarm, on 23 April 2020 the Barcelona Court of Appeal issued a judgment confirming the invalidity of Gilead’s supplementary protection certificate (SPC) for the combination of tenofovir disoproxil + emtricitabine, thus upholding a first-instance decision favourable to generic competitors Teva and Mylan. The matter has been broadly followed in Europe, where the UK Patents Court referred a question to the Court of Justice of the European Union (CJEU), which issued a judgment on the interpretation of the requirement under Article 3(a) of the EU SPC Regulation (469/2009).
