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”
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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  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
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),  CSIH31Thanks to IPKat for the link.