The Borgarting Court of Appeal overturned the district court decision which revoked the patents in suit for lack of inventive step. The Court held that even if oxycodone had been known and used to treat pain as an alternative to morphine, the skilled person could not have predicted that a controlled release formulation with oxycodone would result in lower dose variation and easier titration than existing formulations with morphine. The patents were held to satisfy the requirements for novelty and inventive step. The court dismissed ratiopharm’s invalidity arguments and held that ratiopharm’s oxycodone product infringed one of the patents.
Click here for the full text of this case.
A full summary of this case has been published on Kluwer IP Law.
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.