Over the last 6 years Adrian has specialised in patent disputes, particularly in the biotechnology and pharmaceutical sectors. Since qualifying as a solicitor in 2013 he has been closely involved in proceedings before the Patents Court, Court of Appeal and EPO including Teva v Leo (calciportriol/betamethasone), Actavis v Eli Lilly (atomoxetine) and Warner Lambert v NHS England (pregabalin), as well as advising clients on a variety of other patent matters. Adrian also has experience coordinating patent litigation in other jurisdictions, in particular as part of a team assisting a top pharmaceutical company in enforcing its worldwide patent protection for a key blockbuster product.
This Practice Note examines the two different types of second medical use claims (purpose limited process ‘Swiss-form’ claims and purpose limited product ‘EPC 2000’ claims), the differences between them and their enforcement in England and Wales. It also discusses the impact of the Supreme Court judgment in Warner-Lambert v Generics (UK) and Actavis.
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