New Article – pharmaceutical polymorphs & patent strategy

Polymorphs have been a key component of the pharmaceutical patent war for quite some time.  Our latest article takes a brief look at the issues and summarises Duncan’s presentation on 21 May at the Australian Generic Medicines Association conference in Sydney.  Let me know what you think.

2 Comments on “New Article – pharmaceutical polymorphs & patent strategy

  1. 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)

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  2. 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] CSIH31Thanks to IPKat for the link.

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