Posted: November 17th, 2009
LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Court of Appeal (Civil Division), UK, 17 November 2009, Docket No. No: A3/2009/131, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons
Unusual obviousness attack (that is, where the skilled person would have come upon the invention without any expectation of successfully finding a better product) should be scrutinised with great care.
LEO Pharma's patent was upheld.
Read the judgment (in English) here.
Read the judgment in first instance (in English) here.
Read an extended summary here (provided by Marc Döring and Rowan Freeland who represented LEO Pharma).