Generics (UK) Ltd and Arrow Generics Limited -v- H. Lundbeck A-S [2007] EWHC 1040 (Pat)

Case Summary  |  Judgment  |   4 May 2007

A pharmaceutical patent action in March 2007, concerning the single enantiomer of the successful anti-depressant citalopram (Cipramil®), namely escitalopram (Cipralex®). Attacks were brought on the basis of anticipation, obviousness and (Biogen) insufficiency. A broad range of defences were run, including commercial success, an alleged after-discovered benefit and an argument that the current UK approach to obviousness was out of line with the other major jurisdictions, and should be amended. At trial, where Adrian Speck acted for Generics (UK) and Mark Chacksfield acted for Arrow Generics, the Claimants were successful on the two broadest, and therefore commercially most relevant, claims on the basis of the insufficiency attack. On appeal, where Michael Tappin acted for Generics UK and Mark Chacksfield for Arrow Generics, this decison was reversed. Permission to appeal has now been granted by the House of Lords.