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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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