The Danish Maritime and Commercial Court upheld the invalidation (in two administrative instances) of a patent claiming second medical use of a known compound for the treatment of sea lice infestation on the grounds that neither the pathology nor the patient group were novel over the closest prior art. The European sister patent had likewise been invalidated by the EPO Technical Board of Appeal (T 0708/02).

A summary of this case will be posted on http://www.KluwerIPCases.com


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