Court of Appeal considers plausibility and infringement of Swiss-type second medical use claims
Warner-Lambert v Generics UK Limited (t/a Mylan) and Others  EWCA Civ 1006
This case relates to a second medical use patent for the drug Pregabalin, sold by Pfizer under the trade mark Lyrica covering pain and in particular neuropathic pain. The case concerns the validity of the patent and both direct and indirect infringement. The Court of Appeal, in its decision, agrees with the Patents Court in finding Warner Lambert’s patent partially invalid, the relevant claim being insufficient because it was not plausible that the claimed drug would be effective in the treatment of all the claimed conditions, specifically neuropathic pain conditions. The Court of Appeal also made obiter (non-binding) observations on the correct approach that should be taken when deciding infringement of second medical use Swiss form claims.
13 Oct 2019