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Doctrine of Equivalents in the USA – Is the Solution Crystal?

Doctrine of Equivalents in the USA – Is the Solution Crystal?

by David Eyre | Sep 1, 2019 | Briefings, US & International

Eli Lilly is the patent holder of a drug called pemetrexed (Lilly brand “Alimta”) that has been the subject of court proceedings in the UK, which we have reported previously. This case concerns a related issue during US proceedings in which the US Federal...
UK Supreme Court Issues Guidance on Assessing Obviousness

UK Supreme Court Issues Guidance on Assessing Obviousness

by Alex Bajjon | May 1, 2019 | Briefings, UK

Background The patent in question (EP 1173181) related to a new dosage regime for tadalafil (marketed under the brand name Cialis®) for treating erectile dysfunction (ED). The patent is owned by ICOS and exclusively licensed to Eli Lilly. The claims of the patent...
Applying the Doctrine of Equivalents to Numerical Limitations

Applying the Doctrine of Equivalents to Numerical Limitations

by Sean Hughes | Mar 1, 2019 | Briefings, UK

Background The Patent in question related to a method of producing platelet rich plasma (PRP) from whole blood. The inventive concept was said to reside in a resuspension step that allowed preparation of PRP from whole blood using only one centrifugation step. The...
Supreme Court Confirms Requirement for Plausibility on Filing

Supreme Court Confirms Requirement for Plausibility on Filing

by Juliette Boynton | Nov 1, 2018 | Briefings, UK

Warner-Lambert originally developed its compound pregabalin, which it sold under the mark Lyrica, as an anti-convulsant, anti-anxiety, anti-psychotic medication, in particular for the treatment of epilepsy and generalised anxiety disorder. It obtained patent...
Appeal Court in Milan Agrees with UK Supreme Court on Equivalence

Appeal Court in Milan Agrees with UK Supreme Court on Equivalence

by Juliette Boynton | Nov 1, 2018 | Briefings, US & International

Following the UK Supreme Court decision in Actavis v Eli Lilly in which Lord Neuberger concluded that the term “sodium” also covered “potassium” as an equivalent, a judgement was handed down in Milan also concerning the scope of protection of...
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