Using post-priority evidence to demonstrate lack of invention

The Court of Appeal has today handed down an important decision in Generics [UK] Limited t/a Mylan (“Mylan”) v Yeda Research & Development Co Ltd (“Yeda”) & Teva Pharmaceuticals Industries Ltd [2013] EWCA Civ 925. It concerns Yeda’s patent for a synthetic copolymer known as copolymer-1. Mylan had sought revocation of the patent and a declaration of non-infringement of their product, copaxone.

The first instance decision that the patent is valid and refusing the declaration of non-infringement has been upheld.

However, although it did not affect the decision, the Court of Appeal differed with the first instance judge, Arnold J, on a point of law that has general application to patents. This is whether evidence that post-dates the priority date of a patent may be used to show that the claimed invention actually made no plausible ‘technical contribution’. If there is found to be no technical contribution it follows that there can be no invention and the patent is invalid. The Court of Appeal has held that such post-dated evidence is admissible…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of lawyers: 860
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)

Jobs