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Reports of Patent, Design and Trade Mark Cases 2007 124(6):205-254; doi:10.1093/rpc/2007rpc11
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© Crown Copyright

[2007] R.P.C. 11

AKZO NV'S AND AKZO NOBEL NV'S (TIBOLONE) PATENTS

Court of Session (Outer House)

(Lord Glennie): September 15, 20061

[2006] CSOH 146; [2007] R.P.C. 11

Patent—Revocation—Invalidity—Claim to pharmaceutical composition comprising tibolone of high crystalline purity—Polymorphism—Novelty—Whether product claims anticipated by disclosure of single polymorphic form—Whether process claims anticipated—Inventive step—Whether obvious to seek polymorphism in tibolone and method of producing one of two different polymorphic forms.

Patent—Revocation—Invalidity—Claim to pharmaceutical composition comprising tibolone of high chemical purity—Amendment—Contingent application to amend—Whether permissible—Application refused—Construction of claims—Novelty—Whether prior art disclosure of compound was disclosure of compound at all levels of purity—Inventive Step—Insufficiency.

Key Words: Common general knowledge • Court rules • European patents • Inventive step • Novelty • Pharmaceuticals • Revocation • Scotland • Validating amendments • Validity

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


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