Oliver Brüstle v. Greenpeace e.V.
European Union Court of Justice
Press Release No. 112/11 for Case C-34/10 (2011)
- Written by Eric Miller, JD
Facts
Oliver Brüstle (plaintiff) secured a patent on a process involving the removal of a stem cell from a human embryo at the blastocyst stage, i.e., around five days after fertilization. Greenpeace e.V. (defendant) challenged the validity of the patent in the German patent court. [Editor’s Note: e.V. is the German equivalent of a registered or incorporated association.] The court ruled that the patent was invalid. Brüstle appealed. The matter was referred to the European Union Court of Justice.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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