For a patent to be valid the essential elements of an invention must be sufficiently disclosed. Is reference to a branded product with a structure and composition unknown to the public sufficient? The EPO appeals board recently considered it insufficient, as we discuss in this blog. (RADIOPHARMECEUTICAL PRODUCTS/GE Healthcare Ltd, T 0797/14, 13 July 2017).
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.