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Lundbeck landmark

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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