EPLAW PATENT BLOG

UK – Actavis v. Merck / Dosage Regimes

Posted: May 21st, 2008

Actavis UK Limited v. Merck & Co Inc, Court of Appeal (Civil Division) London, UK, 21 May 2008, Case No. [2008] EWCA Civ 444, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons

"The Court of Appeal's decision in Actavis v Merck (England & Wales Court of Appeal, 21 May 2008) is a landmark in pharmaceutical patent law and its finding on the patentability of (non-obvious and new) dosage regimes will be welcomed by pharmaceutical companies. However, it is also of relevance to patent litigators in all industries since it emphasises the importance of settled case law of the European Patent Office Boards of Appeal and creates a new exception, where such settled EPO jurisprudence exists, to the rule that the Court of Appeal is bound by its previous decisions."

Read the first instance decision (in English) here.

Read the Court of Appeal decision (in English) here.

Read the extended summary (provided by Rowan Freeland) here.

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