ACT_597355/2023

METHODS FOR REDUCING LIPOPROTEIN(A) LEVELS BY ADMINISTERING AN INHIBITOR OF PROPROTEIN CONVERTASE SUBTILISIN KEXIN-9 (PCSK9)

InfringementMain Infringement ActionDusseldorf LDInfringement Action—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
54(4)	novelty of second medical use – substance used for specific use not in prior art	Binding	a substance or composition within the meaning of Art. 54(4) EPC is used for any specific use which is not comprised in the state of the art.
54(5)	notional novelty afforded to second medical use claims	Binding	In order to benefit from the notional novelty afforded by Art. 54(5) EPC, second medical use claims must relate to a specific use in a method according to Art. 53(c) EPC.
53(c)	second medical use claims – method of treatment	Binding	second medical use claims must relate to a specific use in a method according to Art. 53(c) EPC.
73(1)	right to appeal within two months	Binding	An appeal against this decision may be brought before the Court of Appeal by any party whose claims have been unsuccessful, in whole or in part, within two months of service of the decision (Art. 73(1) UPCA, R. 220.1 (a) RoP, 224.1 (a) RoP).
69.4	security for costs	Background	An authentic copy of the enforceable order will be issued by the Deputy-Registrar upon request of the enforcing party, R. 69 RegR.
82	enforcement of orders	Binding	INFORMATION ON ENFORCEMENT (Art. 82 UPCA, Art. 37(2) UPCS, R. 118.8, 158.2, 354, 355.4 RoP)

Target	Legal point	Strength	Excerpt
220.1	time limit for appeal	Binding	An appeal against this decision may be brought before the Court of Appeal by any party whose claims have been unsuccessful, in whole or in part, within two months of service of the decision (Art. 73(1) UPCA, R. 220.1 (a) RoP, 224.1 (a) RoP).

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