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Reports of Patent, Design and Trade Mark Cases 2007 124(2):65-81; doi:10.1093/rpc/2007rpc4
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© Crown Copyright

[2007] R.P.C. 4

RANBAXY UK LTD v WARNER-LAMBERT CO

Court of Appeal

(Chadwick, Jacob and Neuberger L.JJ.): June 28, 20061

[2006] EWCA Civ 876; [2007] R.P.C. 4

Patent—Declaration of non-infringement—Construction of claim—Enantiomeric compounds—Whether claim to racemate also covered individual enantiomers.

Validity—Novelty—Claim to hemicalcium salt of R-trans enantiomer—Prior art disclosure of calcium salt of preferred isomer of one of three specified compounds—Common general knowledge—Whether carrying out teaching of earlier patent would necessarily infringe later claim.

Key Words: Common general knowledge • Declarations of non infringement • Inventive step • Novelty • Patents • Pharmaceuticals • Validity

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


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