IP update May 2008

The long-awaited Court of Appeal judgment in the Actavis UK Ltd v Merck & Co Inc patent case has been handed down. It resolves an apparent conflict between UK and EPO case-law concerning whether a new dosage regime can confer novelty on a Swiss form second medical use claim and whether such a claim is unpatentable as a method of treatment.

Read a detailed analysis provided by Wragge & Co's IP experts.

The Court of Appeal has determined that it is able to create new exceptions to the rule established by it in 1944 that it is bound by its own precedents. What's more, it has created a new exception!

Find out more about the new exception and the rationale behind it.