In a unanimous decision, the five Lords (the UK’s highest court) ruled on February 25 that Lundbeck’s patent for escitalopram – branded as Lexapro, Cipralex or Cipramil as well as other names – is valid. The drug is the world’s biggest selling antidepressant by volume.
The validity of the European patent, which has a priority date of June 14 1988, had been challenged by three generic manufacturers – Generics (UK), Arrow Generics and Teva.
At first instance, Mr Justice Kitchin rejected their attacks of lack of novelty and obviousness. But he agreed with their insufficiency claim.
The patent claimed escitalopram as a product, though the invention itself was essentially just one means of making it.
Citing the House of Lords 1997 decision in Biogen v Medeva, Kitchin said the technical contribution of the patent was not to find a new product, but rather...