Category: medicines

New Judgment: Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 – UKSC Blog

Posted June 25th, 2020 in inventions, medicines, news, patents, Supreme Court by sally

‘Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse which was a hybrid version of the gene that produces antibodies, combining a section of the mouse’s genetic material with a section of the genetic material from a human. In 2013, Regeneron sued Kymab Ltd for infringements of its patents. Kymab was producing its own genetically modified mice, with a similar genetic structure to Regeneron’s mice. Kymab argued that the patents filed were invalid because they fell foul of a patent law rule called sufficiency which means that documents filed with the patent must be detailed enough to enable scientifically skilled readers to make the invention for themselves. The Court of Appeal upheld the patents and Kymab appealed to the Supreme Court.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

Navigating Market Authorisation in the UK for the pharmaceutical industry – 3PB

Posted June 18th, 2020 in health, licensing, medicines, news by sally

‘‘Marketing Authorisation’ must be obtained in respect of any medicinal product that is to be sold, supplied or offered for sale or supply in the UK. This article looks at the different types of authorisation available, including when they might be appropriate for use in respect of the UK only before considering the process adopted in the UK for approving medicines into the market. It is designed to be a beginner’s guide to bringing new products to market in the UK as opposed to a full explanation of each step; ultimately how the application itself is make will depend on the product itself and the research behind it. If upon reading this article you gain an understanding of how to begin the Market Authorisation process, then this article has served its purpose.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

Products in a Pandemic: Liability for Medical Products and the Fight against COVID-19 – 11KBW

Posted June 4th, 2020 in chambers articles, coronavirus, medicines, news by sally

‘Marcus Pilgerstorfer QC has co-authored an article considering liability issues arising in relation to the production of medical products in response to the coronavirus pandemic.’

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11KBW, 21st May 2020

Source: www.11kbw.com

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries, vaccination by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk

Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

Patents – Akebia Therapeutics Inc v Fibrogen, Inc – NIPC Law

Posted May 7th, 2020 in medicines, news, patents by sally

‘This was a claim by Akebia Therapeutics Inc.(“Akebia”) and Otsuka Pharmaceutical Co. Ltd. (“Otsuka”) to revoke 6 patents held by FibroGen Inc. (“FibroGen”). The reason why they sought the revocation of those patents is that they wished to market their own product vadadustat. FibroGen’s exclusive licensee, Astellas Pharma Inc (“Astellas”) brought quia timet infringement proceedings against Akebia, Otsuka and FibroGen. The proceedings came on before Lord Justice Arnold between 2 and 19 March 2020. His lordship delivered judgment on 20 April 2020.’

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NIPC Law, 5th May 2020

Source: nipclaw.blogspot.com

UK ad watchdog bans claims that IV drips can treat coronavirus – The Guardian

Posted April 22nd, 2020 in advertising, communicating false information, complaints, coronavirus, medical treatment, medicines, news, ombudsmen by sally

‘The advertising watchdog has cracked down on three companies for implying they could provide immune-boosting IV drips that could prevent or treat coronavirus.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Bayer v NHS Darlington Appeal – NIPC Law

Posted April 8th, 2020 in appeals, intellectual property, judicial review, medical treatment, medicines, news by sally

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Eloise Parry: Man convicted over diet pill death – BBC News

Posted March 10th, 2020 in homicide, medicines, negligence, news by tracey

‘An online dealer has been convicted of killing a woman who took toxic tablets sold to her as slimming pills.’

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BBC News, 9th March 2020

Source: www.bbc.co.uk

Over £3m in fines and £1m for NHS in CMA pharma probe – gov.uk

Posted March 5th, 2020 in competition, fines, medicines, news by tracey

‘Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant.’

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gov,uk, 4th March 2020

Source: www.gov.uk

Family In Legal Bid As Son Denied ‘Life-Saving’ Cannabis-Based Medicine – Each Other

Posted February 12th, 2020 in children, families, medicines, news by sally

‘The family of a two-year-old boy with a rare medical condition is taking an NHS Trust to court for refusing to prescribe a cannabis-based treatment they believe is helping him.’

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Each Other, 12th February 2020

Source: eachother.org.uk

Gender reassignment treatments for young people to get expert review – The Guardian

Posted February 3rd, 2020 in children, consent, gender, medicines, news, statistics, transgender persons, young persons by sally

‘The use of hormone treatments for young people who want to undergo gender reassignment is to be examined by experts, it has emerged.’

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The Guardian, 2nd February 2020

Source: www.theguardian.com

“Should Cannabis Use be Legalised” An Article by Yasin Patel & Amy Hazlewood – Church Court Chambers

Posted January 30th, 2020 in chambers articles, drug abuse, medicines, news by sally

‘Cannabis, good drug or bad? The topic of debate internationally for decades by governments, medical professionals, recreational users and more. A renewed debate about the laws prohibiting or permitting cannabis use and supply around the world has been fuelled by the legalisation of supply and use of cannabis for ‘recreational’ purposes. Yasin Patel and Amy Hazlewood consider amongst other things, the use of cannabis, the legal history, advantages and disadvantages of legalising it.’

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Church Court Chambers, January 2020

Source: churchcourtchambers.co.uk

Letter to the ACMD to review GHB and GBL – Home Office

Posted January 9th, 2020 in drug abuse, medicines, press releases by tracey

‘Letter from the Home Secretary asking the Advisory Council on the Misuse of Drugs to review the classification of GHB and GBL.’

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Home Office, 6th January 2020

Source: www.gov.uk/home-office

MS patient found not guilty of cultivating cannabis for medical use – Garden Court Chambers

Posted January 9th, 2020 in Crown Prosecution Service, disabled persons, drug offences, medicines, news, prosecutions by sally

‘Carlisle Court acquitted an MS patient today of cultivating cannabis, following the Crown Prosecution Service’s decision not to offer evidence in court today on a public interest basis.’

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Garden Court Chambers, 6th January 2020

Source: www.gardencourtchambers.co.uk

Royal Bournemouth Hospital Trust penalised for giving the wrong drug dosage to a cancer patient – Crown Prosecution Service

Posted December 11th, 2019 in cancer, causing death of children or vulnerable adults, fines, hospitals, medical treatment, medicines, news by tracey

‘A hospital which gave a leukaemia patient five times the amount of drugs that she needed has today (Monday 9 December) been fined £45,000.’

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Crown Prosecution Service, 9th December 2019

Source: www.cps.gov.uk

Prescription drugs review call after Bedford man’s death – BBC News

Posted November 13th, 2019 in coroners, inquests, medicines, news, prescription by sally

‘Prescription guidelines should be changed after a man died from using two medicines together, a coroner warned.’

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BBC News, 13th November 2019

Source: www.bbc.co.uk

Brands can claim exclusive rights to a colour – OUT-LAW.com

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by tracey

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

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OUT-LAW.com, 25th October 2019

Source: www.pinsentmasons.com

NHS chiefs attempt to blacklist homeopathy amid anti-vax fears – Daily Telegraph

Posted October 28th, 2019 in medical treatment, medicines, news, statistics by tracey

‘NHS leaders have gone to war on homeopathy by attempting to have the practice blacklisted amid fears it is fuelling anti-vax propaganda. The chief executive and medical director of NHS England have written to the Professional Standards Authority (PSA), the statutory body that oversees healthcare regulation, urging it to strip accreditation from the Society of Homeopaths (SoH).’

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Daily Telegraph, 28th October 2019

Source: www.telegraph.co.uk