Showing posts from December, 2018

The Supreme Court's Decision on Pregabalin

Jane Lambert
The Supreme Court (Lords Mance, Sumption, Reed, Hodge and Briggs) Warner-Lambert Company LLC v Generics (UK) Ltd) [2018] UKSC 56 (118 4 Nov 2018)

This was an appeal from the decision of the Court of Appeal in Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) and Others[2016] EWCA Civ 1006 which I discussed in The Pregabalin Appeal: Generics v Warner-Lambert17 Oct 2016. In that appeal, the Court of Appeal upheld the decision of Mr Justice Arnold in Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC[2016] RPC 3, [2015] EWHC 2548 (Pat), [2015] CN 1499 which I blogged in
The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC18 Sept 2015 and his refusal to allow the patent to be amended in  Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC  [2016] RPC 16, [2015] EWHC 3370 (Pat).

The Importance of this Appeal In the first paragraph of his judgment, Lord Sumption said:
"An important objective of modern pharmaceutical research is the dis…