Patents: Merck Sharp & Dohme Corp v Teva UK Ltd
In my article " Divided by a common language: US and UK patent law" which was published in Science, People & Politics (April to June 2011) I noted that one of the differences between US and UK patent law was that 3 5 USC 102 (b) of the US act permits an application for a US patent even where the invention has been described in a publication or application for a foreign patent that has been made in the last 12 months. In England such publication would be prior art . Right on cue a case that illustrates the point is the decision of the Court of Appeal in Merck Sharp & Dohme Corp. v Teva UK Ltd. [2011] EWCA 382. This appeal from the decision of Mr. Justice Floyd in Teva UK Ltd v Merck & Co, Inc [2009] EWHC 2952 (Pat) (20 Nov 2009). [2010] FSR 17 was in respect of an application by Teva UK Ltd. ( " Teva " ) for the revocation of Merck Sharp & Dohme Corp ( "Merck" )'s European patent no. 0509752 on grounds of obviousness. T...