On January 31, 2024, the French Supreme Court dismissed the French Patent Office’s appeal of the Paris Court of Appeals decision ordering the office to grant Dana-Farber Cancer Institute a patent term extension through a supplementary protection certificate (SPC) covering Bavencio. This entitles Dana-Farber to an additional five years of patent protection and royalties.

This case has already garnered attention in Europe, with the Paris Court of Appeals decision being recognized as “Impact Case of the Year” by Managing IP Europe in 2023.  In this most recent decision, the French Supreme Court affirmed the decision of the Paris Court of Appeals, finding that the grounds raised by the French Patent Office were unfounded.  The Court also rejected the request of the French Patent Office to refer questions to the European Court of Justice concerning the allowability of SPCs in the circumstances presented.

Foley Hoag partners DeAnn Smith and Peter Sullivan have been advising Dana-Farber regarding obtaining SPCs, and they have coordinated appellate challenges in several European countries.  Dana-Farber is represented in the Supreme Court by Martin Le Guerer (Le Guerer, Bouniol-Brochier).  The French litigation team also includes Francois Jonquères (Simmons & Simmons), Claire Bernstein (Gevres & Ores) and Christian Helbig (Wagner + Helbig).