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Protecting hidden value in an era of connected care and intelligent devices With the explosion of AI and machine learning in the MedTech and Digital Health sectors, trade secrets are becoming an increasingly valuable tool to complement patents in protecting companies’ intellectual property (“IP”). While patents remain central to protecting core technological innovations, trade secrets offer distinct and different advantages that make them particularly well suited for protecting certain types of...

A new referral to the Court of Justice of the EU will once again consider what is meant by the “first marketing authorisation” requirement of Article 3(d) of the EU medicines SPC Regulation. Specifically, the CJEU has been asked to clarify whether a veterinary marketing authorisation (MA) for a medicine can be considered the “first” MA for SPC purposes when there has been a prior MA for the same product as a human medicine.    Background – SPC Regulation and earlier CJEU decisions on “fir...