On 27 August 2013, the Court of Appeal of The Hague rendered a remarkable judgment in preliminary injunction proceedings between Teva and Sanofi. These proceedings concern two SPCs held by Sanofi that were issued for (i) irbesartan - marketed under the name Aprovel - and (ii) a combination product comprising irbesartan and hydrochlorothiazide ("HCTZ") - marketed under the name Co-Aprovel. Both SPC's are based on the same basic patent. This basic patent for the class of compounds to which irbesartan belongs, also contains a claim relating to irbesartan and “a diuretic”.
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