Generics (UK) Ltd (t/a Mylan) v Richter Gedeon Vegyeszeti Gyar RT [2014] EWHC 1666 (Pat)
The patent in suit was for a dosing regimen for use in emergency contraception, comprising 1.5 mg levonorgestrel taken as a single dose. The prior art disclosed the interim results of a clinical trial in which such a regimen was used but mistakenly referred to the dose as 1.5 g (not mg). The Court held that it would have been immediately apparent to the skilled person that there was a mistake and it would have been obvious to consult the author of the prior art or one of the presenters of the interim data to find out the correct dose. Furthermore it was obvious from the interim data that the claimed dosing regimen could be investigated with a reasonable or fair expectation of success. The patent in suit was therefore invalid.
Piers Acland QC appeared for the Claimant. Michael Silverleaf QC appeared for the Defendant.