English Patents Court* grants Novartis a preliminary injunction against generics company Dr Reddy’s in respect of patented breast cancer drug, providing a provisional validity opinion that is inconsistent with co-pending opposition proceedings at the EPO

The patent under litigation was the UK patent stemming from EP 2 269 603 which, although granted, was also the subject of an opposition at the EPO.  The EPO’s Opposition Division (at first instance) had decided that claim1 included impermissible added subject matter (under Article 123(2) EPC) and therefore revoked the patent. This decision is under appeal, so the patent remains in force pending the resolution of the appeal.

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