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29 March 2011

Gedeon Richter plc v Bayer Schering Pharma AG - Inventive Steps After Routine Procedures

Gedeon Richter plc v Bayer Schering Pharma AG - Inventive Steps After Routine Procedures

The High Court has handed down its decision in the above case which concerned formulations of a combination contraceptive product.

Two patents were at issue, the first defining the formulation by a dissolution test and its divisional by requiring the one specific active agent to be deposited on the surface of inert carrier particles. The routine steps included in a pre-formulation program were agreed to be common general knowledge and the dispute centred on whether the further steps taken, having completed those studies, were obvious.

The claimant was unable to demonstrate that these further steps were obvious and hence the claims were upheld in amended form; the amendment being made to address an added-matter objection.

A more detailed review of this case will follow shortly.

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