NEURIM PHARMACEUTICALS (1991) LTD v GENERICS UK LTD (T/A MYLAN) (No. 2)

Abstract

H1 Patents — European patents — Pharmaceuticals — Insomnia treatments — Melatonin — Validity — Concurrent appeal in opposition proceedings before EPO — European Patent (UK) found invalid by the Patents Court — Consequentials order — “Sunset” provision included in respect of injunctive relief but not otherwise — Consequentials order made but not formally drawn up — Appeal to EPO Technical Board of Appeal withdrawn by patentee two days after consequentials order hearing — Patent treated as invalid ab initio — Jurisdiction to re-visit terms of consequentials order — Jurisdiction to vary or revoke under CPR r.3.1(7) — Barrell jurisdiction — Exercise of discretion — Grant of permission to appeal — Costs of the action — Case management