THE China IP litigation resource? and its free Thursday, February 4, 2010 — Global IP Strategy, Pharma, Biotech & Chem IP Strategy, IP wars, IP on the net
Another great podcast in the can tonight. On the call were Neil Wilcof, Nick Redfearn and of course Jeremy Philips.
Nick reminded me about an incredible resource that the team at Rouse have been building up - free for everyone to use. (I'd first learnt about it back in October when speaking at a conference in Shanghai.)
Almost a year to the day after the landmark decision (X ZR 89/07) of the German Federal Court of Justice (Bundesgerichtshof), the UK Court of Appeal has similarly held Lilly’s so-called selection patent on olanzapine (ZYPREXA) valid over prior art disclosing a genus of compounds covering, but not specifically describing, olanzapine. In doing so, the court drew on EPO jurisprudence, preferring the EPO Board of Appeal approach in such cases to that of UK precedent on selection patents dating back to rules developed in I.G. Farbenindustrie’s Patents (1930) 47 RPC 289.
The I.G. rules comprised three general propositions: First, a selection patent to be valid must be based on some substantial advantage to be secured by the use of the selected members. Secondly, the whole of the selected members must possess the advantage in question. Thirdly, the selection must be in respect of a quality of a special character which can fairly be said to be peculiar to the selected group.
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