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Rabu, 10 Agustus 2016

BREAKING: Puns at the ready, Mr Justice Birss delivers epic CIALIS judgment

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BREAKING: Puns at the ready, Mr Justice Birss delivers epic CIALIS judgment

It's how long? ! 
A judgment of Arnoldian proportions has just landed on the AmeriKat's desk, but it is not from its namesake.  It is instead from Mr Justice Birss.  At an eye watering 113 pages consisting of 491 paragraphs, his decision in Actavis v ICOS [2016] EWHC 1955 is recommended beach reading for those ready to jet off the south of France for their August holidays.  Two patents were in issue - '181 (dosing) and '092 (formulation) relating to tadalafil.  Tadalafil is the generic name for the product sold under the brand names CIALIS (for male erectile dysfunction) and ADCIRCA (for pulmonary arterial hypertension).  The judge held at least Claim 7 of the '181 patent is valid and infringed and the '092 patent is invalid.

Although the AmeriKat is only just digesting the judgment, there are treats in store for everyone including:
  • What is the the role of Teva v Leo?  
  • Can a generic's "clearing the way" revocation action really not be construed as a threat to infringe the patent (when coupled with a contingent intention to launch a product if the action succeeds)?
  • The role of chemical names and priority documents.  
  • The ability to exercise your pun-tastic skills in talking about this decision.
Assuming the AmeriKat can last until the end of the judgment, she will be back with a more fulsome summary later on.   



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