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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on April 28, 2009
Reports of Patent, Design and Trade Mark Cases 2009 126(6):407-436; doi:10.1093/rpc/rcp023
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© Crown Copyright

[2009] R.P.C. 13

Generics (UK) Ltd v H Lundbeck A/S

House of Lords

(Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Mance, Lord Neuberger of Abbotsbury): 12–15 January and 25 February 2009

[2009] UKHL 12, [2009] R.P.C. 13

Patent—Applications for revocation—Claims to pure (+) enantiomer, pharmaceutical compositions containing it and process of obtaining it—Prior art racemate—Novelty and inventive step attacks rejected—Product and composition claims held invalid for insufficiency—Appeal and cross-appeal to Court of Appeal—Cross-appeal on novelty and lack of inventive step dismissed—Appeal on insufficiency allowed—Appeal to House of Lords on insufficiency—Product claims—Claim to single chemical compound—Whether in reality a product-by-process claim—Whether "technical contribution" same as "inventive step"—Whether ‘Biogen’ insufficiency applicable to single product claims—EPO jurisprudence


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