Gilead Sciences Inc. v UK Intellectual Property Office
Jurisdiction | England & Wales |
Neutral Citation | [2008] EWHC 1902 (Pat) |
Year | 2008 |
Date | 2008 |
Court | Chancery Division (Patents Court) |
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10 cases
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Medimmune Ltd v Novartis Pharmaceuticals UK Ltd and Another
...is irrelevant. Accordingly, I uphold Mr Walker's decision in relation to Art.3(a)." 19 In Gilead Sciences Inc's SPC Application [2008] EWHC 1902 (Pat) Gilead had obtained a patent for a new class of antiretroviral compounds useful in the treatment of HIV and other diseases, including tenof......
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Teva UK Ltd Accord Healthcare Ltd Lupin Ltd and Lupin Europe Ltd Generics (UK) Ltd Trading as Mylan v Gilead Sciences Inc.
...appeal against that refusal was allowed by Kitchin J (as he then was) for the reasons he gave in a judgment dated 31 July 2008 ( [2008] EWHC 1902 (Pat)). Since then, however, there have been a number of judgments of the Court of Justice of the European Union which are relevant to the issue......
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Medeva BV v The Comptroller General of Patents
...Application [2008] EWHC 1902 Kitchin J was concerned with the condition for the grant of an SPC contained in Article 3(a). In that case (“ Gilead”) the basic patent disclosed new antiretroviral compounds useful in the treatment of HIV and other diseases. Claim 1 covered a class of such comp......
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Astellas Pharma Inc. v Comptroller General of Patents
...is irrelevant. Accordingly, I uphold Mr Walker's decision in relation to Art.3(a).” 16 In Gilead Sciences Inc's SPC Application [2008] EWHC 1902 (Pat) Gilead had obtained a patent for a new class of antiretroviral compounds useful in the treatment of HIV and other diseases, including tenofo......
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1 firm's commentaries
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No Clear Pointer In The Right Direction: Validity Issues In Europe Of Patent Term Extensions Covering Fixed-Combination Medicinal Products
...kind of "identification test" was applied in various decisions of the High Court of London (cf. Takeda, 2003 EWHC 649 (Pat), Gilead, 2008, EWHC 1902 (Pat); Astellas, 2009, EWHC, 1916 (Pat); Medeva, 2010, EWHC, 68 (Pat)) and the U.K. Patent Office (Imclone – Aventis, 2010, O/066/10). Also, t......