Source: All England Reporter
Publisher Citation: [2009] All ER (D) 21 (Jul)
Neutral Citation: [2009] EWCA Civ 646
Court: Court of Appeal, Civil Division
Judge:

Ward, Jacob and Lloyd LJJ

Representation Henry Carr QC and Michael Tappin QC (instructed by Taylor Wessing LLP) for the claimant.
  Andrew Waugh QC and Thomas Hinchliffe (instructed by Herbert Smith LLP) for the defendants.
Judgment Dates: 2 July 2009

Catchwords

Patent - Validity - Revocation - Common general knowledge - Supplementary protection certificate (SPC) - Defendants being proprietors of patent and SPC in respect of medicinal product of ofloxacin - Judge refusing to grant declarations of invalidity - Whether patent and SPC valid.

The Case

Patent Validity. Court of Appeal, Civil Division: An appeal against a decision dismissing the claimant's challenges to the validity of European Patent (UK) No.0206283 (the patent) and supplementary protection certificate no.SPC-GB97-085 (the SPC) in respect of a medicinal product 'levofloxacin' was dismissed.

Practice Areas

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