The Court of Appeal for England and Wales has just given its judgment today in Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd and Daiichi Sankyo Co Ltd [2009] EWCA Civ 646. The Court, in a judgment delivered on behalf of all their Lordships by Lord Justice Jacob (sitting with Ward and Lloyd LJJ), upheld the decision of Mr Justice Kitchin of 15 October 2008 that Daichi's levofloxacin patent and the SPC which was based upon it were both valid (see notes on the earlier decision here and here).Having held that the original patent was valid, the Court of Appeal reviewed the validity of the SPC grant at great length (at paras 46 to 83) before upholding it.
The SPC Blog looks forward to discussing this case in greater depth once it has had the chance of reading it carefully. In the meantime, readers should feel free to post their observations below.
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