‘Simple Product Claims’ Escape Biogen

The House of Lords today gave its judgment in Lundbeck v Generics [2009 UKHL 12], dismissing Generics’ appeal and upholding Lundbeck’s patent. This concludes the final installment in the story of Lundbeck’s patent for escitalopram – a single enantiomer drug for the treatment of depression – and provides the final word on the applicability of so-called "Biogen insufficiency" to simple product claims.

Lundbeck v. Generics House of Lords Judgment.pdf (64 KB)