Missed! Arrow Declarations - Pfizer v Hoffmann La Roche
Autho r: User:Drgd.msc Licence: Copyright waived by the owner Source: Wikipedia Arrow Jane Lambert Patents Court (Mr Justice Birss) Pfizer Ltd v F. Hoffmann-La Roche AG and another [2019] EWHC 1520 (Pat) (20 June 2019) An " Arrow declaration" is a declaration that a product or process was known or obvious at a particular date and therefore could not fall within the claims of a patent. It takes its name from the decision of Mr Justicce Kitchin as he then was in Arrow Generics Ltd and another v Merck & Co , [2007] FSR 39, [2007] EWHC 1900 (Pat), [2008] Bus LR 487 where his lordship refused to strike out an application for such a declaration. The purpose of Arrow declarations is to determine in advance issues that might prevent or delay a competitor from entering a market immediately after a monopoly is due to come to an end. Thus, in Arrow, the launch of a competing product was threatened by the revival of several...