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03 December 2018
The UK Supreme Court has handed down its judgment in the Warner-Lambert v Generics (UK) (Mylan) case concerning the validity and infringement of a patent claiming the use of pregabalin for the treatment of neuropathic pain: the patent is held invalid. If the patent had been valid it would not have been infringed.
The key issues the Court had to resolve were the tests for infringement of a second medical use claim and the test for plausibility of a claim such that it is sufficient:
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