27 November 2015
Actavis Group PTC EHF and another v Eli Lilly and Company [2015] EWHC 3294 (Pat), [2015] All ER (D) 145 (Nov)
The Patents Court considered the claimant company’s challenge to a patent that disclosed a second medical use of the drug atomoxetine, also known as tomoxetine, for use in treating ADHD. It held that, among other things, the patent was not obvious and nor insufficient, and hence the claim for revocation would be dismissed.
