ACTAVIS GROUP PTC EHF v ELI LILLY AND COMPANY

Abstract

Patents – Validity – Construction – Medicament for treating ADHD – Swiss form claims – Skilled team – Common general knowledge – Hindsight – Construction – Obviousness – Obvious to try – Fair expectation of success – Insufficiency – Lack of technical contribution – Plausibility – Whether requirement of plausibility required reasonable expectation the drug would work – Whether requirement of plausibility limited to claims of wide scope – Policy considerations – Agrevo obviousness – Priority. The abstract describes a new racemic molecule, LY135252, as being a competitive inhibitor of noradrenaline uptake in the rat hypothalamus. The (–) isomer, LY139603 (atomoxetine), is said to be more effective than the racemate or the ( + ) isomer. and of acid vivo