This judgment deals with an appeal submitted to the Supreme Court of the United Kingdom (hereinafter “the Supreme Court”) that concerns an application of a test of obviousness on a dosage patent under section 3 of the Patents Act 1977. The Court held that the inventiveness of dosage patent claims needs to be determined on a case by case basis and that the routine nature of the research that resulted in the discovery of a lower efficient dose undermines the inventiveness of the claims.

In this decision on interim relief for alleged patent infringement, the Court of Appeal construed the scope of a pharmaceutical patent claim in "Swiss" format, which is typically phrased as a process claim for the use of a compound in the production of a medicine for use in a particular therapeutic indication (new medical use claim)