Gedeon Richter plc v Bayer Schering Pharma AG – WLR Daily

Posted March 12th, 2012 in law reports, medicines, patents by sally

Gedeon Richter plc v Bayer Schering Pharma AG [2012] EWCA Civ 235; [2012] WLR (D) 66

“On an application for the revocation of a registered patent on the ground of obviousness it was sufficient for the judge hearing the case to take an objective view whether a skilled formulator would take the trouble to obtain copies of papers published by inventors or review their contents to ascertain whether the patent in question related to an invention which was novel. The judge was not obliged to consider what view a notional team that included a medicinal chemist, pharmacologists and biochemists would take as to the issue of obviousness or whether something would have been ‘obvious to try’.”

WLR Daily, 7th March 2012