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Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila
Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila
Justine Pila
In Generics Ltd v Lundbeck A/S (2009) UKHL 12, the House of Lords affirmed the validity of a patent for a chemical product - an isolated stereoisomer - supported by a method of producing the product, but protecting the chemical product as such independent of the method by which it was made. In so doing, it appears to have resolved a longstanding tension between granting patents for chemical products and requiring that the scope of monopoly rights equiperate with the disclosure in the specification. It also appears to have rejected the Biogen Inc v Medeva plc (1997) RPC 1 (HL) …