New/second medical use

Warner-Lambert Company, LLC v (1) Actavis Group PTC EHF (2) Actavis UK Limited (3) Caduceus Pharma Limited, 28 May 2015 (England and Wales Court of Appeal)

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)

Case Summary

Elan Transdermal Ltd v Ciba Geigy (PTY) Ltd 1994 BP 1 (Court of the Commissioner of Patents, South Africa)

The Court of the Commissioner of Patents in this decision focused on two main issues: (1) the protection of new medical uses of known products under South African patent law and (2) the requirements for prior art to destroy novelty by anticipation.

Pharmaceutical Management Agency Limited v Commissioner of Patents, [1999] (New Zealand Court of Appeal (NZCA) 330)

The Court ruled that New Zealand is bound by the TRIPS Agreement that obliges it to provide patent protection for all inventions, without discrimination. In the view of the Court, claims on the use of a known compound for the manufacture of pharmaceutical compositions in which the compound exhibits previously unknown therapeutic activity are inventions.