Pharma

Pharma, an abbreviation commonly used for the pharmaceutical industry, discovers, develops, produces and markets drugs or pharmaceutical drugs for use as medication. Pharma depends heavily on patents to protect its inventions worldwide, as well as on Supplementary Protection Certificates (SPCs). Pharmaceutical companies are subject to laws and regulations that govern the patenting, testing, safety, efficacy and marketing of drugs. Pharma includes production of generic medicines. Pharma may also refer to (patent) litigation related to pharmaceutical products.

(Indirect) infringement, Case Law, Equivalents, evidence, Kluwer Patent Cases, Legislation, Litigation, Patents, Pharma, Pharmaceutical patent, Prior art, Procedure, Scope of protection, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/ /1 Comment

As reported in last week’s post, on 20 January 2021 Birss J handed down what may be his last first instance decision before his elevation to the Court of Appeal.  The first post on the judgment considered the issues of identifying the skilled person, insufficiency and infringement.  This second part considers the decision relating to…

(Indirect) infringement, Case Law, Equivalents, evidence, Kluwer Patent Cases, Legislation, Litigation, Patents, Pharma, Pharmaceutical patent, Prior art, Procedure, Scope of protection, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/ /1 Comment

On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal.  If that turns out to the case then Illumina Cambridge Limited v Latvia MGI Tech SIA and others is a substantial judgment to mark this departure.  In this case…

Case Law, France, Pharma, SPC

(Dhenne Avocats)/ /2 Comments

Each time I hear “TRUVADA”, the catchy chorus of the Beatles’ Ob-La-Di Ob-La-Da sounds different to me… However, TV addicts or literature lovers also keen on pharmaceutical litigation should not have failed to notice a more disturbing coincidence: “Gilead” is moreover the sweet name given to the dictatorship where The Handmaid’s Tale is set –…

Enforcement, evidence, Inventive step, Litigation, Novelty, Patents, Pharma, Pharmaceutical patent, Plausibility, Prior art, Revocation, Second Medical Use, Sufficiency of disclosure, United Kingdom, Validity

, (Bristows)/

On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited, the main action proceedings regarding Neurim’s patent for Circadin™, EP 1 441 702 (“EP 702”).  The judgment is available here. Many readers will…

Amendments, Equivalents, Extent of Protection, Infringement, Litigation, Novelty, Patents, Pharma, Pharmaceutical patent, Prior art, Revocation, United Kingdom, Validity

(Bristows)/

On 15 October 2020 Meade J. handed down his first ever written judgment in his new role as a Judge of the High Court in MSD v Wyeth. The neutral citation for the case is [2020] EWHC 2636 (Pat) and a link to the judgment is found here. The Judge had heard the case back…

Case Law, Pharma, United States of America

/

Declarations from generic drug makers alleged only possible future injury from implementation of the 2019 law that created a presumption that so-called “pay for delay” settlement agreements are anticompetitive. A trade association for the generic pharmaceutical industry failed to demonstrate standing to challenge a California law that created a presumption that “reverse payment” settlement agreements…

Covid-19, Pharma, United Arab Emirates (UAE)

(University of Sharjah (UAE))/

The reasoning to develop a strong patent regime is an old and straightforward one. Research and development (R&D) requires incentive and strong intellectual property regime provides that incentive. It is estimated that the total cost of developing a new drug, including the costs of capital and failed R&D efforts, amounts to billions of dollars. Without…

Case Law, CJEU, European Union, Pharma, Second Medical Use, SPC

, (Vossius & Partner)/ /6 Comments

The question whether SPCs should be available for new therapeutic applications of previously approved active ingredients has been a matter of debate ever since the SPC Regulation for Medicinal Products came into force in the European Union more than a quarter-century ago. While a literal reading of the SPC Regulation would clearly seem to exclude…

Case Law, Damages, Infringement, Injunction, Litigation, Pharma, Pharmaceutical patent, United Kingdom

(Bristows)/ /1 Comment

The tendency of English people to be understated in their use of language (other than on Twitter…) is often joked about with continental friends and colleagues.  For example, when an English person expresses a slight disagreement, their continental counterpart might have felt more able to be blunt and say that something is just plain wrong. …

EPO, Infringement, Injunction, Patents, Pharma, Pharmaceutical patent, Second Medical Use, United Kingdom

, (Bristows)/ /1 Comment

The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…