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Reports of Patent, Design and Trade Mark Cases 2007 124(2):45-64; doi:10.1093/rpc/2007rpc3
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© Crown Copyright

[2007] R.P.C. 3

IVAX PHARMACEUTICALS UK LTD v AKZO NOBEL BV (NO.2)

Patents Court

(Lewison J.): May 9–11 and 22, 20061

[2006] EWHC 1089 (Ch); [2007] R.P.C. 3

Patent—Pharmaceutical comprising polymorphous mixtures of tibolone of specified particle size—Invalidity—Lack of inventive step—Common general knowledge—Prior art—Pharmaceutical comprising pure crystalline tibolone under patent protection—Whether obvious to try polymorphous mixtures to avoid patent problems—Whether prior art protected by patent relevant to obviousness—Whether invention overcame an existing prejudice against polymorphous mixtures—Identification of inventive concept—Whether skilled addressee entitled to combine specific knowledge about tibolone with common general knowledge—Specified particle size required to obtain bioequivalence with marketed product—Whether inventive to discover particle size.

Key Words: Common general knowledge • European patents • Inventive step • Patents • Pharmaceuticals • Validity

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


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