Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on March 18, 2009
Reports of Patent, Design and Trade Mark Cases 2009 126(5):307-362; doi:10.1093/rpc/rcp020
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© Crown Copyright
Ratiopharm Gmbh v Napp Pharmaceutical Holdings Ltd; Sandoz Ltd v Napp Pharmaceutical Holdings Ltd
(Floyd J.): 28–31 October, 3, 4 November and 16 December 2008
[2008] EWHC 3070 (Pat), [2009] R.P.C. 11
Patent—Sustained release formulation of oxycodone—Infringement—Construction of claims—Whether release coating had to control release of all oxycodone in formulation—Meaning of spheronising agent—Validity—Added matter—Divisional patents—Whether disclaimer added matter—Permissible disclaimers—Lack of inventive step—Whether obvious over common general knowledge—Whether plea of common general knowledge should be particularised—Assessment of common general knowledge—Whether obvious over prior art—Whether oxycodone would have been perceived as an alternative to morphine at priority date