EPLAW PATENT BLOG

UK – Generics (UK) Ltd. v. H Lundbeck

Posted: August 2nd, 2006

Generics (UK) Ltd. v. H Lundbeck A/S, Court of Appeal, London, UK, 2 August 2006, Case No. [2006] EWCA Civ 1261, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons

The UK Court of Appeal has ruled that suppliers of active pharmaceutical ingredients (API) are not to be considered joint infringers of a patent solely on the basis that they have provided information to the pharmaceutical regulators. The court also held that the burden of proof of non-infringement, which shifts to the alleged infringer if the invention is a process for a new product, can be discharged at an interlocutory stage.

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

Read the appeal decision (in English) here.

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