Plausibility and Markush claims
Idenix Pharmaceuticals Inc. v Gilead Sciences  EWCA Civ 1089
This decision of the Court of Appeal is a useful review of recent cases on plausibility and also considers how the law applies to Markush claims. The decision confirms that the test is the same when considering lack of plausibility for the purposes of insufficiency or inventive step and restates the position of Floyd LJ in the recent Pregabalin decision, that the plausibility threshold can be assessed by asking whether the invention is “not speculative”.
8 Nov 2019