Neurim v Mylan [2020] EWHC 3270 (Pat)
The Claimants (“Neurim”) alleged infringement of EP(UK) 1,441,702 B1 (the “Patent”), which claims 2mg prolonged release pharmaceutical formulations including the active ingredient melatonin to improve the restorative quality of sleep in a patient over 55 years old suffering from primary insomnia characterised by non-restorative sleep. The Defendants, “Mylan”, accepted that their generic melatonin product would infringe the Patent, but counterclaimed for revocation of the Patent (on the grounds of anticipation by the Haimov prior art, and obviousness over Haimov, the Melatonex product available in the United States before the Priority Date of the Patent, and a review paper authored by Nava Zisapel in the Biological Signals & Receptors journal in 1999). Mylan also contended that the Second Claimant, Flynn Pharma, was not an exclusive licensee under the Patent.
Marcus Smith J heard the expedited trial between 29 October 2020 and 5 November 2020. The Judge held that the Patent was valid (as amended) and infringed. He agreed with Mylan that the Second Claimant did not have standing to bring the claim because it was not an exclusive licensee under the Patent.
Mark Vanhegan QC, Adam Gamsa and Mitchell Beebe appeared for Mylan, instructed by Taylor Wessing LLP