Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 2 November 2010 — Yeda Research and Development Company Ltd, Aventis Holdings Inc v Comptroller-General of Patents

(Case C-518/10)

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2011/C 13/39

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicants: Yeda Research and Development Company Ltd, Aventis Holdings Inc

Defendant: Comptroller-General of Patents

Question referred

If the criteria for deciding whether a product is ‘protected by a basic patent in force’ under Article 3(a) o the Regulation (1) include or consist of an assessment of whether the supply of the product would infringe the basic patent, does it make any difference to the analysis if infringement is by way of indirect or contributory infringement based on Article 26 of the Community Patent Convention, enacted as s60(2) Patents Act 1977 in the UK, and the corresponding provisions in the laws of other Member States of the Community?

(1)  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