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UK appellate court weighs in on Swiss-type claims

Kingsley Egbuonu, London

The Court of Appeal of England and Wales has provided guidance on the construction of a second medical use patent with Swiss-type claims for the purposes of establishing infringement, and followed Dutch and German case law in finding an arguable case for indirect infringement of such patent

Background to the dispute

In summary, Warner-Lambert had a patent for the drug pregabalin which it marketed under the trade mark Lyrica for epilepsy, generalised anxiety disorder (non-patented indication) and neuropathic pain.

The patent and data exclusivity for the drug...

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