Atorvastatine, Supreme Court (Tribunal Supremo), 11 November 2011
Kluwer Patent Blog
January 1, 2012
Please refer to this post as:, ‘Atorvastatine, Supreme Court (Tribunal Supremo), 11 November 2011’, Kluwer Patent Blog, January 1 2012, http://patentblog.kluweriplaw.com/2012/01/01/atorvastatine-supreme-court-tribunal-supremo-11-november-2011/
The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar provision does not apply with retrospective effect, because its origin and rationale is different from the Experimental Use Exception; and (ii.) an invention that results from a selection between two lists of some length is new.