The Court of Appeal overturned the Patent Court’s first instance decision concerning the validity of one of ICOS’s patents (licensed to Eli Lilly) covering a 1 to 5mg dosage form of tadalafil (Cialis®) for oral administration up to a maximum of 5mg per day for the treatment of sexual dysfunction. The Court held that the Judge had erred in concluding that the patent was not obvious, and made interesting comments on the requirement that the person skilled in the art would have a reasonable expectation of success in trying the invention.
Case date: 01 November 2017
Case number:  EWCA Civ 1671
Court: Court of Appeal of England and Wales, Civil Division
A full summary of this case has been published on Kluwer IP Law.