Using Post-Priority Evidence To Demonstrate Lack Of Invention

The Court of Appeal has today handed down an important decision in Generics [UK] Limited t/a Mylan ("Mylan") v Yeda Research & Development Co Ltd ("Yeda") & Teva Pharmaceuticals Industries Ltd [2013] EWCA Civ 925. It concerns Yeda's patent for a synthetic copolymer known as copolymer-1. Mylan had sought revocation of the patent and a declaration of non-infringement of their product, copaxone.

The first instance decision that the patent is valid and refusing the declaration of...

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