Snatching Defeat from the Jaws of Victory - Neurim Pharmaceuticals v Mylan
Ebenezer Scrooge and Marley's Ghost Jane Lambert Patents Court (Mr Justice Matcus Smith) Neurim Pharmaceuticals (1991) Ltd and Another v Generics UK Ltd (t/a Mylan) and anothe r [2021] EWHC 530 (Pat) (12 March 2021) This was an action by Neurim Pharmaceuticals (1991) Ltd ("Neurim") the proprietor of European patent (UK) 1 441 702 B1 and Flynn Pharma Ltd ("Flynn"), its purported exclusive licensee, to restrain the infringement of that patent by Generics UK Ltd. and Mylan UK Healthcare Ltd. There was also a counterclaim by the defendants (referred to jointly as "Mylan") for the revocation of the patent on grounds of anticipation, obviousness and insufficiency. This action and counterclaim came on for trial before Mr Justice Marcus Smith between 29 Oct and 5 Nov 2020. At first, Neurim was victorious. By para [148] of his judgment in Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd and another [2020] EWHC 32...