Court Rules Invitation to Generics to Bid in Tender Not in Breach of Pfizer's Patent

摘要

The Court of Appeal's decision attached considerable weight to the fact that the tender was open to multiple "non-infringing" parties and that the deadline was extended until after SPC expiry. It can be inferred from the decision that the Court of Appeal is prepared to intervene in tender procedures conducted by insurance companies where generic com-. petitors are invited to compete whilst there is still a valid patent or SPC.