NIPC Law

Kidney Stone Author Robert R Wal Licence Public Domain     Jane Lambert Intellectual Property Enterprise Court (Charlotte May KC)  Well Lead Medical Co Ltd v CJ Medical Ltd [2024] EWHC 951 (IPEC) (26 April 2024) This was an application by the claimant in a patent infringement action for an interim injunction  to restrain the marketing and supply in the United Kingdom of a  ureteral access sheath ( UAS ) under CPR 25.1 (1) (a).  The claimant sought that application on the ground that such marketing and sales would infringe EP (UK) 3 760 143 B1  for a suction evacuation device that is used to retrieve stones from a patient's body.  The application was heard by Charlotte May KC sitting as a deputy judge of the High Court on 10 April 2024. By para [100] of her judgment in Well Lead Medical Co Ltd v CJ Medical Ltd [2024] EWHC 951 (IPEC) (26 April 2024), Miss May dismissed the application. Ownership of the  Patent According to the speci...

Jane Lambert   Patents Court (Michael Tappin KC)  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023) This was an appeal by Merck Serono SA ("Merck") against Mary Taylor's refusal to grant a supplementary protection certificate ("SPC") in respect of cladribine  (see  Merck Serono S.A. v Comptroller   26 May 2023 BL O/0484/23)). The appeal came on before Mr Michael Tappin KC sitting as a deputy judge of the High Court on 12 Dec 2023.  By his judgment in  Merck Serono SA v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 3240 (Ch) (19 Dec 2023, the learned deputy judge dismissed Merck's appeal. Supplementary Protection Certificates In Supplementary Protection Certificates    I wrote: "A supplementary protection certificate ..... is an intellectual property right ("IPR") that protects the active ingredients in pharmaceutical or plant protection products. The ri...

Author User:Jynto   Licence CCO 1.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor)  Neurim Pharmaceuticals (1991) Ltd and another v Teva UK Ltd [2022] EWHC 954 (Pat) (26 April 2022) This was an application by    Neurim Pharmaceuticals (1991) Ltd., the proprietor of  European patent (UK)  3,103,443 , and Flynn Pharma Limited, Neurim's exclusive licensee, for an interim injunction to restrain Teva UK Ltd. from disposing, offering for sale or disposal, selling or supplying any generic version of the claimants'  Circadin  product that falls within any of the claims of that patent or that has been manufactured by any process that falls within any of its claims until judgment or further order.  An interim injunction is a court order to do, stop doing or not to do something on pain of punishment for disobedience.  The approach by which a court decides whether or not to make such an order was set out ...

Author Karjis Sambrans   Licence  CC BY 2.0   Source Wikimedia Common s Jane Lambert Patents Court (Mr Ian Karet)  Neurim Pharmaceuticals (1991) Ltd another v Generics (UK) Ltd (T/A Viatris) and another [2021] EWHC 2897 (Pat) (29 Ort 2021) This was an application by Generics (UK) Limited and Mylan UK Healthcare Limited ("Mylan") for a stay of the expedited trial that had been ordered by Mr Justice Mellor in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021) which I discussed in Practice - Neurim Pharmaceuticals v Mylan   on 30 March 2022.  The purpose of the proposed stay was to await the outcome of opposition proceedings in the European Patent Office under Part V of the European Patent Convention.  The outcome of those proceedings including an appeal could be expected in 2023 or  2024. The reason why Mr Justice Mellor ordered an expedited trial is that Eur...

Author The Judicial Office, UK Lic ence CC BYSA 4.0 Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Mellor) Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021) This case shows how quickly the English courts can move to resolve disputes when there is a need for them do so.  On 2 Aug 2022 Mr Justice Mellor ordered a 2-day trial of a number of preliminary issues in a claim for the infringement of European patent (UK) 3 103 443  2 months after the application for the expedited trial  and 3 months after the patent had been granted. The reason for the urgency was that the patent prevented Mylan from marketing a treatment for insomnia through the use of melatonin. As Me Justice Mellor said at para [40] of his judgment in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021): "i) Neurim has a prima facie valid pa...

Ebenezer Scrooge and Marley's Ghost Jane Lambert Patents Court (Mr Justice Matcus Smith) Neurim Pharmaceuticals (1991) Ltd and Another v Generics UK Ltd (t/a Mylan) and anothe r  [2021] EWHC 530 (Pat) (12 March 2021) This was an action by Neurim Pharmaceuticals (1991) Ltd   ("Neurim")   the proprietor of European patent (UK) 1 441 702 B1   and Flynn Pharma Ltd ("Flynn"), its purported exclusive licensee, to restrain the infringement of that patent by Generics UK Ltd. and Mylan UK Healthcare Ltd. There was also a counterclaim by the defendants (referred to jointly as "Mylan") for the revocation of the patent on grounds of anticipation, obviousness and insufficiency.  This action and counterclaim came on for trial before Mr Justice Marcus Smith between 29 Oct and 5 Nov 2020.  At first, Neurim was victorious.   By para [148] of his judgment in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd and another [2020] EWHC 32...

Jane Lambert Court of Appeal (Lords Justices Floyd, Males and Arnold) Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWCA Civ 793 (24 June 2020 ) This was an appeal by the claimants, Neurim Pharmaceuticals (1991) Ltd ("Neurim") and its exclusive licensee Flynn Pharma Ltd ("Flynn"), against Mr Justice Marcus Smith's refusal in Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWHC 1362 (Pat) (3 June 2020) to restrain the defendants, Generics UK Ltd and Mylan Healthcare Ltd ("Mylan"),  from launching a generic competitor to the claimants' drug Circadin  until after the trial of the claimants' action for infringement of Neurim's European patent (UK) 1,441,702 . I discussed Mr Justice Marcus Smith's judgment in Patents - Neurim Pharmaceuticals v Mylan   on   4 June 2020. The claimant appealed and Lords Justices Floyd, Males an...

Jane Lambert Patents Court (Mr Justice Msrcus Smith)  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and anothe r [2020] EWHC 1362 (Pat) (3 June 2020) This was an application by Neurim Pharmaceuticals (1991) Ltd. ("Neurim"), the registered proprietor of European patent (UK) number 1441702  and Flynn Pharma Ltd. ("Flynn") the proprietor's exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent.  The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020. The Dispute The claimants manufactured and distributed a product called "Circadin" which is protected by the patent. Mylan has obtained marketing authorization for a generic version of Circadin and cleared one of the obstacles to the launch of its product by obtaining the revocation ...