SEROXAT PATENT VALID AFTER ALL, BUT STILL NOT INFRINGED

Today the Court of Appeal for England and Wales ruled that Glaxo's patent for its SEROXAT paroxetine hydrochloride anhydrate was valid (contrary to the opinion of the trial judge) but that Apotex did not infringe it. In Smithkline Beecham plc and others v Apotex Europe Limited and others the Court of Appeal, for whom Lord Justice Jacob gave judgment, had an opportunity to apply the recent House of Lords decision in Kirin-Amgen on the construction of patents. At paragraph 107 Jacob LJ did not mince his words when he said:

"Patent claims are to be construed purposively, their meaning to be ascertained from their context as the recent decision of the House of Lords in Kirin-Amgen v Hoechst Marion [2004] UKHL 46 has confirmed".

The IPKat notes the clarity of the court's message on purposive construction, but comments that fixing the text of construction is only the first step: it still remains to apply that test -- and that's where the real work lies.



Background to the case here

Is this antidepressant a downer? Click here and here

SEROXAT users' group here