The UK Supreme Court's ruling in Warner Lambert v
Actavis resulted from deliberations over the proper approach
to matters relating to infringement of second medical use patent
claims. The standard proposed by the UK Supreme Court diverges from
the approach of German courts and will likely lead to important
consequences for pharmaceutical patent litigation in Europe.
This White Paper defines "second
medical use" claims and explains the "roles of
intent" and "plausibility" in these infringement
cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.