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Generics (UK) Ltd (t/a Mylan) v Richter Gedeon Vegyeszeti Gyar RT [2014] EWHC 1666 (Pat)

Case Summary  |  Judgment  |  22 May 2014

 

Lindsay Lane  recently appeared as part of Richter Gedeon Vegyeszeti Gyar RT’s legal team defending an invalidity and revocation claim brought by Generics UK Limited. The patent concerned a dosage regimen for use of levonorgestrel as a method of emergency contraception. The claim was brought on the grounds of obviousness and insufficiency.
Sales J found that the person skilled in the art was a clinician working in the field of specialist contraceptive services. He rejected the Defendant’s submissions that the skilled team would include a specialist medical statistician. Relying on common general knowledge, and an article discussing relevant interim results of research for the WHO, the Claimant was successful in establishing obviousness. Mr Justice Sales accepted the Claimant’s argument that a mistake in the article was an obvious mis-statement. He held that it could be easily corrected by contacting the author or any of the researchers identified in the article.
Lindsay Lane was instructed by Bristows.