Actavis v ICOS: a routine or surprising application of the "obvious to try" test by the Court of Appeal?
The Court of Appeal has declared obvious a patent claiming a particular dosage regimen of a known drug on the basis that the skilled team would have arrived at the alleged invention, inevitably, during routine dose-ranging steps in clinical trials (Actavis v ICOS  EWCA Civ 1671).
Eli Lilly and Actavis have been battling over the patent on Lilly's Alimta product since 2012. Fieldfisher went to the UK Supreme Court from 4 - 6 April 2017 to hear the latest round of the proceedings.
The Minister for Intellectual Property, Baroness Neville-Rolfe, today announced that the UK will proceed with preparations to ratify the Unified Patent Court (UPC) Agreement before it leaves the EU and that it will work with the Preparatory Committee to bring the UPC into operation "as soon as possible. This means the Unified Patent and UPC should now be able to proceed as planned, provided that Germany also now ratifies the UPC Agreement.