New Article - pharmaceutical polymorphs & patent strategy

Duncan, re your recent article, as you may be aware, Pumfrey J expressed some thoughts about the validity of a patent for a crystalline form of clarithromycin in Abbott v Ranbaxy and others [2004] EWHC 2723 (decision of Mr. Justice Pumfrey of 19 November 2004).  The patent was held to be invalid at an interlocutory stage – but for reasons other than the lack of novelty of a crystalline form patent (which, he suggested, could be novel)

Thanks Kate.

Here's a link to a decision from the Scottish Court of Session which held that a claim to a polymorph of Tibolone with a certain purity was not obvious:

Arrow Generics Ltd v Akzo NB (represented in Scotland by Organon Laboratories Ltd), [2008] CSIH31

Thanks to IPKat for the link.