A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Thursday 13 December 2012

Rivastigmine patent, SPC confirmed invalid on appeal

Yesterday, in Novartis AG v Generics (UK)Ltd t/a Mylan [2012] EWCA Civ 1623 CA (Civ Div), a three-man Court of Appeal for England and Wales consisting of Lords Justices Munby, Lewison and Kitchin dismissed Novartis's appeal against the decision of Mr Justice Floyd (noted here on The SPC Blog) that Novartis's Rivastigmine patent and SPC were invalid.

The main focus of the appeal was not specifically related to the law or practice with regard to SPCs, but rather to whether the trial judge had taken the correct approach to the question of inventive step. An analysis of the Court of Appeal's reasoning on this point has been written for the IPKat weblog by David Brophy (FR Kelly), here.

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