Borenius represented Teva Pharmaceuticals in a patent and supplementary protection certificate dispute

Borenius represented Teva Pharmaceuticals in a patent and supplementary protection certificate (SPC) dispute relating to blockbuster diabetes drug Janumet®, combining sitagliptin and metformin. Merck had obtained an SPC for the combination of the active ingredients sitagliptin (phosphate monohydrate) and metformin (hydrochloride), which Teva sought to invalidate under the SPC Regulation (EC) No 469/2009. The case concerned a cross-border dispute also pending in other major European countries, and it was subject to significant jurisprudential and commercial interest as the Market Court referred the matter for the preliminary ruling (Case C-119/22) by the EU Court of Justice (CJEU).

The CJEU gave its judgment for the preliminary ruling in the joined cases C-119/22 and C-149/22 (Teva v Merck Sharp Dohme and Merck Sharp Dohme v Clonmel Healthcare) in December 2024. The EUCJ proceedings led to a landmark decision that clarified the interpretation of Art. 3(a) and 3(c) of the SPC Regulation, setting a precedent that will impact future SPC grants and validity assessments.