Patent revocation—clearing the way for generic product launches (Actavis v Icos)

Table of contents

• Original news
• What was the background to this case?
• What issues were before the court?
• What did the judge decide about priority and novelty of sub-ranges?
• What did he say about the law on obviousness?
• What did the judge say about threatening to infringe?
• What was held about anticipation by inevitable result?
• Are there any other legal or practical points to take from this decision?

Article summary

IP & IT analysis: Can generic pharmaceutical companies seek to clear the way for the launch of their own product with an action to revoke a proprietor’s patent without thereby threatening to infringe the patent? The Patents Court’s answer to that and other questions in Actavis v Icos is explained by Bristows partner Robert Burrows, associate Rachel Mumby and associate Aida Tohala.