Generics (UK) Limited and Actavis v Warner-Lambert

Generics (UK) Limited and Actavis v Warner-Lambert

Warner-Lambert is proprietor of a European patent (EP 0641330) which claims the compound pregabalin (via compound per se claims). The Supplementary Protection Certificate (SPC) was (surprisingly) allowed to lapse in October 2013 for non-payment of fees resulting in...

Current European Disclaimer Practice

Undisclosed disclaimer – disclaimed features are not disclosed in original application. Disclosed disclaimer – disclaimed features are disclosed as an embodiment of the invention. EPO decision G1/03 sets out a limited number of circumstances in which undisclosed...
Warner Lambert v Actavis – UK Court of Appeal

Warner Lambert v Actavis – UK Court of Appeal

Warner-Lambert is the proprietor of European Patent 0934061 which claims “Use of Pregablin for the preparation of a pharmaceutical composition for treating pain”. Pregablin is also used for the treatment of generalised anxiety disorder and epilepsy, although treatment...
Patenting of Plants at the EPO

Patenting of Plants at the EPO

Background Applicants wishing to obtain patent protection in more than one country have various options for doing so. One strategy is to file a first application at, say, the UK Intellectual Property Office (UKIPO) or the European Patent Office (EPO), and then file a...
Unitary Patent Court – Fees Proposal

Unitary Patent Court – Fees Proposal

Introduction The Court costs for the Unified Patent Court seem significantly higher than those of the UK High Court, with the cost for actions for infringement at €11,000 and revocation actions (including counterclaims) at €20,000. In addition to this, for claims with...