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Actavis and others v ICOS and Lilly [2016] EWHC 1955 (Pat)

Case Summary  |  Judgment  |  10 August 2016


Members of chambers appeared in this patent action relating to tadalafil, a generic product for treating erectile dysfunction. Actavis, Actelion, Teva and Generics UK (Mylan) sought to “clear the way” in relation to two patents owned by ICOS Corp and of which Eli Lilly and Company were exclusive licencees.
Birss J found that EP (UK) 1,173,181 was valid and infringed and that EP (UK) 1,200,092 was invalid.
Adrian Speck QC and Isabel Jamal (instructed by Bird & Bird LLP) appeared for all the claimants. Michael Tappin QC also appeared for Actelion