Simmons & Simmons: elexica
Simmons & Simmons: elexica

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No obviousness where motivation to pursue obvious path is weak
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In Generics (UK) v Daiichi the Court of Appeal held that, although a course of action was obvious, the skilled person's motivation to pursue it to the point of making the invention was weak and accordingly the invention was not obvious. The court also said that an SPC may be granted for an enantiomer notwithstanding an earlier marketing authorisation for the racemate.
(Submitted: 03 July 2009)
Jurisdiction hearing gets the go ahead in damages action - despite the Italian Torpedo
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The High Court of England and Wales has refused to delay a jurisdiction hearing until after the Italian court of appeal rules in the synthetic rubber cartel "Italian Torpedo" case.
(Submitted: 02 July 2009)
GlaxoSmithKline Spanish dual pricing case - an object restriction after all?
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Advocate General Trstenjak has issued her opinion in the GlaxoSmithKline Spanish dual pricing cases.
(Submitted: 02 July 2009)

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