NEURIM PHARMACEUTICALS (1991) LTD v GENERICS (UK) LTD

Abstract

H1 Patents — European patents — Pharmaceuticals — Insomnia treatments — Melatonin — Exclusive licences — Contractual construction — Exclusivity in relation to part of a claim — Effect of contractual restrictions on entitlement to sue — Costs — Barrell jurisdiction — Concurrent proceedings before EPO — Patent held invalid by the EPO Opposition Division — European Patent (UK) held valid by Patents Court — Consequentials order made but not formally drawn up — Appeal to EPO Technical Board of Appeal withdrawn by patentee two days after consequentials order hearing — Patent treated as invalid ab initio — Appeal to Court of Appeal