Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat)
Claim for revocation of a drug combination patent (atovaquone and proguanil sold as the antimalarial Malarone). Use of the combination in clinical trials had been disclosed before the priority date. The patentee argued that the skilled person would disregard this disclosure. Arnold J rejected this argument and revoked the patent for lack of inventive step
Piers Acland QC and Tom Alkin appeared for the successful applicant for revocation.