Generics (UK) Ltd trading as Mylan v Richter Gedeon Vegyeszeti Gyar RT

Patent – Petition for revocation. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the judge's decision that its European patent for a dosage regimen for use of levonorgestrel as a method of emergency contraception was invalid for obviousness. It held that the defendant had sought to characterise the sort of information which a person skilled in the art would know he could look up as a 'species of or extension of … common general knowledge', but that was not correct. It would be taken into account for an obviousness assessment, not because it was in the notional head of the notional person, but because it would be obvious to such a person to look it up.

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