The decision of Jacob J in the Patents Court referring the case to the ECJ is reported at [1995] FSR 909.
For the judgment of the European Court of Justice, see Joined Cases C267/95 and C-268/95.
See also Merck v. Primecrown Ltd [1997] 1 CMLR 83; [1997] FSR 237.
For an insight into the judge’s decision at the time, see his own book, IP and Other Things: A Collection of Essays and Speeches, by Robin Jacob.
For a discussions on the relevance of the case to the exceptions and limits to patent protection, see Patent Law in Global Perspective edited by Professor Ruth L. Okediji, Professor Margo A. Bagley.
For academic discussion on the case and its place in the jurisprudence of the European Court of Justice in this area of law, see:
The Present State of the Patent System in the European Union: As Compared with the Situation in the United States of America and Japan, by Joseph Straus.
Terrell on the Law of Patents by Thomas Terrell and Simon Thorley
Terrell on the Law of Patents, A. Bryan Baer, Journal of Intellectual property Law, University of Georgia
Pharmaceutical Medicine, Biotechnology and European Law, edited by Richard Goldberg, Julian Lonbay