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Dr Reddy's Laboratories (UK) Limited v. Eli Lilly and Company Limited [2008] EWHC 2345 (Pat)

Case Summary  |  Judgment  |  13 October 2008

 

The patent in suit was for a drug called olanzapine which is used in the treatment of schizophrenia. The Claimant sought to revoke the patent claiming that the patent was anticipated by and obvious in light of the Defendant's provisional patent as well as other prior art which it claimed disclosed the formula for olanzapine. The Judge held that although the general formula had been disclosed there had been no 'individualised disclosure' of the drug and it would not have been obvious to the skilled person to make olanzapine. Andrew Lykiardopoulos and James Whyte appeared as junior counsel for the Claimant in the trial heard in July 2008.