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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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