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500th Post - Patents: Actavis UK Ltd v Novartis AG

This was a claim by  Actavis for the revocation of a Novartis's European patent for a preparation which released  fluvastatin  (a cholesterol inhibiting drug) gradually rather than in an immediate burst on grounds of obviousness and insufficiency. There was also a counterclaim by Novartis for infringement of its patent. Novartis conceded that the claims as granted could not be granted and applied for their amendment.   The claim and counterclaim came on before Mr Justice Warren and is reporte d at   Actavis UK Ltd v Novartis AG [2009] EWHC 41 (Ch) (16 January 2009)  This case is important because it is one of the first cases since  Conor Medsystems Inc v Angiotech Pharmaceuticals Inc amd others [2008] UKHL 49 (9 July 2008).  Mr Justice Warren reviewed that case and others such as   Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd  [1985] RPC 59 and Pozzoli SPA v BDMO SPA [2007]  FSR 872   in determining the extent to which Conor had changed the law. Comparing t...