Here's a decision that came out final calendar week piece the IPKat was inward mid-air (or mid jetlag): Tercica Inc v Avecia Ltd in addition to others, a ruling of Mr Justice Isle of Mann sitting inward the Patents Court on Fri xx May. The activity concerned ii applications for summary judgment inward linked proceedings. In the first, Tercica -- a licensee nether a Genentech mammal increase patent -- was suing Avecia in addition to Insmed for infringement; inward the second, Avecia in addition to Insmed sought revocation of that patent. The patent had a Swiss claim, its essential inventive content beingness non in addition to thence much the project design of a novel drug equally the utilization to which an existing drug is put.
Dismissing both sides' applications for summary judgments Isle of Mann J said:
tries out a mammal increase hormone
"What I was asked to consider (among other things) was a concept which Jacob J has called he "artificial gear upwards of a Swiss course of pedagogy claim" (see Merck & Co Inc's Patents [2003] FSR 498 at para 80), in addition to inward item what is meant yesteryear "new use" where travel of that novel utilization involves a item method of administration, in addition to the interface alongside the method of handling point. One of the questions which mightiness arise is: only how far tin the artificiality travel pushed earlier reality forces its fashion in? These are non subjects which are peculiarly happily determined on applications for summary judgment, fifty-fifty when those applications are argued also in addition to equally fully equally the i earlier me was".thinks this is for sure right. Swiss claims are notoriously hard to litigate, since issues of novelty in addition to obviousness prevarication at their real heart.
More on Swiss claims here, here and here
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