“…what is meant by a product being protected by a basic patent for the purposes of Article 3(a) of the SPC Regulation. The earliest case referred to the CJEU was Case C-392/97 Farmitalia Carlo ErbaSrl [2000] RPC 580, when it was asked, not for the last time:…”
“…In Case C-392/97 Farmitalia Carlo Erba Srl [2000] RPC 580, Farmitalia had obtained a German patent for idarubicin. The claims of the patent specifically covered idarubicin hydr…”