By Gordon Harris, Paul Inman
The Supreme Court has handed down its long-awaited judgment in the Warner-Lambert v Generics & Actavis case. In short, Warner-Lambert lost.
The case concerned Warner-Lambert’s patent, which claimed in ‘Swiss form’ the use of a molecule called ‘pregabalin’ for the treatment of pain, in particular ‘neuropathic pain’. The majority in the Supreme Court confirmed the conclusions of the Court of Appeal and the Patents Court that key claims of Warner-Lambert’s patent were invalid for insufficiency and could not be amended.