EPLAW PATENT BLOG

NL – Teva v. Icos / Tadalafil (Cialis®)

Posted: March 15th, 2018

Teva Pharmaceuticals Europe B.V. v. Icos Corporation, District Court The Hague, The Netherlands, 14 March 2018, Case No. ECLI:NL:RBDHA:2018:2668

Icos (an Eli Lilly and Company subsidiary) holds EP 1 173 181 B3 (‘EP 181’) entitled: ‘Compositions comprising phosphodiesterase inhibitors for the treatment of sexual disfunction.’  Teva seeks to revoke the Dutch part of EP 181.

The Court rules that the man skilled in the art when starting from the prior art would get to the claimed dosage range in various non-inventive steps, ‘it would be no more than walking down a one-way-street’ and revokes the Dutch part of EP ‘181.

A copy of the judgment (in Dutch) can be read here.

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