Confirming that the Court of Appeal had not found Daiichi's medicine, Levofloxacin, to be obvious, Jacob LJ commented "I am not sorry to reach this conclusion. Daiichi's work led to a better medicine than ofloxacin. Levofloxacin is not just twice as active as ofloxacin ....but is a lot more soluble and less toxic than was predictable. It can be used in higher dosages than might have been expected with corresponding medical benefit. Only a curmudgeon would say there was no invention here."
In his judgement, delivered on 2nd July 2009, in Generics v Daiichi
[2009] EWCA Civ 646 Jacob LJ began by noting that the validity of the patent had been attacked at first instance on many grounds....
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