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03 December 2018
Intellectual Property United Kingdom
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:
For further information on this topic please contact Matthew Royle or Paul England at Taylor Wessing by telephone (+44 20 7300 7000) or email (m.royle@taylorwessing.com or p.england@taylorwessing.com). The Taylor Wessing website can be accessed atwww.taylorwessing.com.
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Authors
Matthew Royle
Paul England