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Reports of Patent, Design and Trade Mark Cases 2002 119(20):775-840; doi:10.1093/rpc/2002rpc41
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 41

PHARMACIA CORP. v. MERCK & CO. INC.

Court of Appeal

Before: LORD JUSTICE ALDOUS, LORD JUSTICE SEDLEY, LADY JUSTICE ARDEN December 14, 20011

[2001] EWCA Civ 1610; [2002] R.P.C. 41

Patent—Chemical compounds—Keto/enol tautomers—Technical contribution required for patentability—Interpretation of claims—Whether keto tautomer covered by wording limited to enol—Infringement—Indirect infringement—Insufficiency—Whether "invention" to include technical contribution—Whether extent of monopoly claimed exceeded technical contribution—Whether insufficiency attack rebutted if one compound in class showed activity—Priority date—Whether same technical contribution disclosed in priority document—Anticipation—Novelty—Inventive step—Whether reason or purpose required for obviousness of step from prior art—Added matter—Whether smaller scope of claim a disclaimer or new selection—Appellate function—Whether judge below directed himself in law correctly.

1 Paragraph numbers in this judgment are as assigned by the court.


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