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05 March 2009
Issue: 7359 / Categories: Legal News , Commercial
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Lundbeck landmark

Patents

 
The House of Lords has upheld the patentability of escitalopram—the world’s biggest-selling anti-depressant—following a lengthy legal battle.
Five law lords unanimously ruled that Lundbeck’s patent to the drug, an enantiomer of the popular serotonin inhibitor citalopram, was valid.

Lundbeck’s invention was a way of making the drug, but not the only way.
Its validity had been challenged by three generics manufacturers—Generics (UK), Arrow Generics, and Teva.

In Generics (UK) Ltd and Ors v H Lundbeck, the law lords considered whether the product claim was “sufficient” to merit protection. The law lords found that it was. They distinguished the case of Biogen v Medeva because it related to a product identified partly by the way in which it has been made and partly by what it does, rather than to a simple product claim.
Lord Neuberger said: “I appreciate that this means that, by finding one method of making a product, a person can obtain a monopoly for that product. However, that applies to any product claim.”

He added: “The role of fortuity in patent law cannot be doubted: it is inevitable, as in almost any area of life. Luck as well as skill often determines, for instance, who is first to file, whether a better product or process is soon discovered, or whether an invention turns out to be valuable.”

Issue: 7359 / Categories: Legal News , Commercial
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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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