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The Supreme Court's Decision on Pregabalin

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The Pregabalin Molecule Author Vaccinationist Licence Creative Commons Attribution-Share Alike 4.0 International Source Wikipedia Pregabalin Jane Lambert The Supreme Court (Lords Mance, Sumption, Reed, Hodge and Briggs) Warner-Lambert Company LLC v Generics (UK) Ltd   [2018] RPC 21, [2019] 3 All ER 95, [2019] Bus LR 360, [2018] UKSC 56, (2019) 165 BMLR 14 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-Lambert   17 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 LLC   18 Sept 2015 and his refusal...

The Pregabalin Appeal: Generics v Warner Lambert

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Autho r Ac dx Source Wikipedia Creative Commons Licence Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC   [2016] EWCA Civ 1006 (13 Oct 2016) This was an appeal against two of Mr Justice Arnold's judgments. The first was his decision in  Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC   [2015] EWHC 2548 (Pat) which I discussed in  The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC   18 Sept 2015. The second was his refusal to allow Warner-Lambert to amend certain claims of its patent after trial in    Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Company LLC [2015] EWHC 3370 (Pat) on the ground that the application was an abuse of the process of the court. The Issues Lord Justice Floyd, who delivered the lead judgment on the appeal, identified the issues before the Court of Appeal as follows in the first paragraph of his judgment: "Firstly, did Arnold J correctly hold certain claims of...

The Importance of Keeping Promises: Warner-Lambert Company LLC v Sandoz GmbH and Others

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Rolls Building In   Swiss Style Claims: Warner-Lambert Companv Actavis   25 Jan 2015 I explained that Warner-Lambert LLC had a patent for a drug called pregabalin for treating epilepsy and GAD (generalized anxiety disorder). That patent expired in 2013 although the monopoly was extended for a short time by a supplementary protection certificate which has now lapsed. Warner-Lambert discovered a new use for pregabalin in the treatment of neuropathic pain for which it was granted a new patent. Actavis sought the revocation of the new patent on grounds of obviousness and insufficiency and applied for permission to market pregabalin for the treatment of epilepsy and GAD. The case that I discussed in my case note was an unsuccessful attempt by Warner-Lambert to impose conditions on the sale of pregabilin in the UK (see   Warner -Lambert Company, LLC v Actavis Group Ptc EHF and others [2015] EWHC 72 (Pat)). The action came on for trial before Mr Justice A...

The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC

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According to drugs.com , pregabalin is an anti-epileptic drug which works by slowing down impulses in the brain that cause seizures. A European patent for the drug was granted to Warner-Lambert Co, LLC  ( "Warner-Lambert" )(now a subsidiary of Pfizer Inc . ) under EP number 0 641 330. That patent expired on 17 May 2013 but was extended by a supplementary protection certificate ( "SPC" ) until 17 May 2018. That SPC was allowed to lapse on 14 Oct 2013 and Warner-Lambert's data exclusivity in respect of the data used to obtain the marketing authorisation for prehabalin expired on 8 July 2014. Since then anybody has been free to make, import or sell pregabalin for treating epilepsy and generalized anxiety disorder in the United Kingdom and several companies including some of the parties to these proceedings have done just that. Drugs.com notes that pregabalin also affects chemicals in the brain that send pain signals across the nervous system. ...