EPLAW PATENT BLOG

UK – Generics v Daiichi / Appeal

Posted: July 2nd, 2009

Generics (UK) v Daiichi, Court of Appeal, London, UK, 2 July 2009, Case No. [2009] EWCA Civ 646, with thanks to Marc Döring, Simmons & Simmons

In this case, the Court of Appeal has upheld the decision of Kitchin J that, although a course of action was obvious, the skilled person's motivation to pursue it to the point of making the invention was weak; and that accordingly the invention (an enantiomer of an antibiotic) was not obvious.

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

Read the appeal decision here.

Read the first instance decision here.

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