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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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