Technology & Law

The law follows the technology...

Topics

Patents

DOES SIZE MATTER: THE CASE OF AN ANTI-NARCOLEPTIC DRUG, MODAFINIL?

First posted on spicyip.com on July 30, 2011 Modafinil About a month ago, the UK Chancery division patents courts (England and Wales) rendered an opinion (Justice Floyd) regarding claim construction in defining size of particles of an anti-narcoleptic drug, modafinil, in pharmaceutical compositions.  The patent court construed patent claims to determine whether there is an infringement, if any.  Facts:  The dispute involves three patents related to the drug modafinil, used to treat sleep disorders such as narcolepsy.  Orchid Europe is the manufacturer of generic modafinil and Mylan intended to manufacture the drug in UK.   Cephalon is the proprietor, an exclusive li... Continue reading

SHOULD THERE BE A NUMERICAL QUANTIFIER FOR SECTION 3(D)?

First posted on spicyip.com on May 31, 2010Claim 1 of patent 207232 provides: The compound 2-(2-amino-l,6-dihydro-6-oxo-purin-9-yl) methoxy-3-hydroxy-l-propanyl-L-valinate or a pharmaceutically acceptable salt thereof, in the form of its (R)- or (S)-diastereomers, or in the form of mixtures of the two diastereomers. The reasoning for §3(d) is based upon an obviousness analysis (§§ 2(1)(j), 2(1)(ja) inventive step). But the decision cannot substitute an obviousness analysis for the analysis required under § 3(d), because § 3(d) sets a higher bar than the inventive step analysis. In this case, the mono ester was demonstrated to have more bio-availability compared to that of bis ester of ... Continue reading