Generic Pharmaceutical Cases: A Review of 2002's Cases and ‘Long Arm’ Relief — the Current Position

Abstract

As an increasing number of NCE or first generation patents on blockbuster products expire, litigation concerning second generation patents is on the increase. This paper reviews four cases which came to trial and explains their context and their implications for the pharmaceutical sector. An issue that surfaced recently in the EPO litigation is that of ‘long arm’ relief. This paper explains what it is and also the implications for both research-based and generic pharmaceutical companies involved in clinical research in the UK. This paper is based on a talk given by Neil Jenkins of Bird & Bird.