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19 October 2011

Generics UK (Mylan) v Novartis [2011] EWHC 2403 (Pat) Rivastigmine (SPC/GB98/038 - and its basic patent, UK Patent No 2 203 040)

Generics UK (Mylan) v Novartis [2011] EWHC 2403 (Pat) Rivastigmine (SPC/GB98/038 - and its basic patent, UK Patent No 2 203 040)

The High Court has recently handed down judgment resulting in the revocation of the Novartis patent and SPC relating to rivastigmine (Exelon®). This is a further action where the Court was faced with a patent relating to the resolved enantiomer of a prior art racemic compound. Unlike the previous occasions, the evidence presented was supportive of the conclusion that it would have been obvious for the skilled person to have resolved the prior art racemic compound.

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Generics UK (Mylan) v Novartis [2011] EWHC 2403 (Pat)

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